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Table of Contents

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BASIC LABOR AGREEMENT

ARTICLE ONE – AGREEMENT...............................................................................................3

Section A. Parties to the Agreement..................................................................................... 3


Section B. Term of the Agreement........................................................................................ 4

ARTICLE TWO – UNION SECURITY ................................................................................... 5

Section A. Recognition and Coverage.................................................................................. 5


Section B. Union Membership and Dues Checkoff............................................................ 6
Section C. PAC and SOAR Checkoff.................................................................................... 7
Section D. Successorship........................................................................................................ 8
Section E. Neutrality............................................................................................................... 9
Section F. Bargaining Unit Work ........................................................................................ 16
Section G. Printing of Contracts.......................................................................................... 25
Section H. Hiring Preference................................................................................................ 25

ARTICLE THREE – HEALTH, SAFETY, AND THE ENVIRONMENT ........................ 26

Section A. Employee and Union Rights............................................................................. 26


Section B. The Right to a Safe and Healthful Workplace ................................................ 26
Section C. The Right to Refuse Unsafe Work.................................................................... 27
Section D. The Right to Adequate Personal Protective Equipment............................... 27
Section E. The Right to Safety and Health Training ........................................................ 28
Section F. The Right to a Proper Medical Program for Workplace Injuries................. 28
Section G. The Right to a Reasonable Policy on Alcoholism and Drug......................... 29
Section H. The Union’s Right to Participate in a Joint Safety and Health ..................... 30
Section I. The Union’s Right to Participate in a Joint Environmental ........................... 32
Section J. The Right to Union Safety and Health Representatives................................. 32
Section K. The Union’s Right to Participate in Accident Investigations........................ 32
Section L. Carbon Monoxide Control, Toxic Substances and Harmful Agents........... 33
Section M. Ergonomics.......................................................................................................... 33
Section N. Safety Shoe Allowance...................................................................................... 38
Section O. No Union Liability ............................................................................................. 33

ARTICLE FOUR – CIVIL RIGHTS ....................................................................................... 35

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Section A. Non-Discrimination........................................................................................... 35
Section B. Civil Rights Committee...................................................................................... 35
Section C. Workplace Harassment, Awareness and Prevention.................................... 36
Section D. Child Care, Elder Care and Dependent Care................................................. 37

ARTICLE FIVE – WORKPLACE PROCEDURES .............................................................. 38

Section A. Local Working Conditions................................................................................ 38


Section B. New or Changed Jobs ........................................................................................ 39
Section C. Hours of Work .................................................................................................... 40
Section D. Overtime.............................................................................................................. 42
Section E. Seniority ............................................................................................................... 43
Section F. Testing .................................................................................................................. 49
Section G. Permanent Closures........................................................................................... 50
Section H. Manning of New Facilities................................................................................ 50
Section I. Adjustment of Grievances .................................................................................. 52
Section J. Management Rights............................................................................................. 61
Section K. Prohibition on Strikes and Lockouts ............................................................... 62
Section L. Workforce Planning ............................................................................................ 62

ARTICLE SIX – JOINT EFFORTS ......................................................................................... 63

Section A. Partnership.......................................................................................................... 63
Section B. Public Policy Activities ..................................................................................... 84
Section C. Contract Coordinators ....................................................................................... 71
Section D. New Employee Orientation.............................................................................. 71

ARTICLE SEVEN – TRAINING............................................................................................ 73

Section A. Workforce Training Program ........................................................................... 73


Section B. Institute for Career Development..................................................................... 77

ARTICLE EIGHT – EARNINGS SECURITY ...................................................................... 81

Section A. Employment Security ........................................................................................ 81


Section B. Supplemental Unemployment Benefits........................................................... 82
Section C. Severance Allowance ......................................................................................... 87
Section D. Interplant Job Opportunities ............................................................................ 87

ARTICLE NINE – ECONOMIC OPPORTUNITY.............................................................. 89

Section A. Wages................................................................................................................... 89
Section B. Incentive Plans .................................................................................................... 89

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Section C. Shift Premium ..................................................................................................... 90
Section D. Sunday Premium................................................................................................ 90
Section E. Profit Sharing..................................................................................................... 114
Section F. Inflation Recognition Payment ......................................................................... 93

ARTICLE TEN – PAID TIME OFF AND LEAVES OF ABSENCE.................................. 97

Section A. Holidays .............................................................................................................. 97


Section B. Vacations .............................................................................................................. 98
Section C. Bereavement Leave .......................................................................................... 100
Section D. Jury or Witness Duty ....................................................................................... 101
Section E. Leave of Absence for Employment with the Union .................................... 101
Section F. Service with the Armed Forces ....................................................................... 102
Section G. Family and Medical Leave Act....................................................................... 103

ARTICLE ELEVEN – CORPORATE GOVERNANCE .................................................... 106

Section A. Board of Directors ............................................................................................ 135


Section B. Investment Commitment................................................................................. 106
Section C. Upstreaming...................................................................................................... 139
Section D. Right to Bid ....................................................................................................... 108
Section E. North American Growth .................................................................................. 145

APPENDIX A - WAGES ........................................................................................................ 149

APPENDIX B - LETTERS CONCERNING MISC MATTERS....................................... 117

APPENDIX C - OFFICE AND CLERICAL......................................................................... 167

APPENDIX D - JOB DESCRIPTIONS................................................................................ 168

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ARTICLE ONE - AGREEMENT

Section A. Parties to the Agreement

1. This Agreement, dated as of September 1, 2008 for the Employees of


ArcelorMittal USA (the Basic Labor Agreement, BLA, or the Agreement), is
between ArcelorMittal USA (or the Company as further defined below) and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, or its successor (the Union
or USW or United Steelworkers) on behalf of the Employees of the Company (as
defined in Article Two, Section A (Coverage) at its facilities in Hennepin, Illinois,
both facilities in East Chicago, Indiana, Cleveland, Ohio, Warren, Ohio,
Riverdale, Illinois, Burns Harbor, Indiana, Conshohocken, Pennsylvania,
Coatesville, Pennsylvania, Steelton, Pennsylvania, Lackawanna, New York,
Virginia, Minnesota, Georgetown, South Carolina and Weirton, West Virginia.

2. Except as otherwise provided in this Agreement, the Company shall include any
current or future Affiliate of ArcelorMittal USA.

a. An Affiliate shall mean any business enterprise that Controls, is under the
Control of, or is under common Control with ArcelorMittal USA.

b. Control of a business enterprise shall mean possession, directly or


indirectly of either;

(1) fifty percent (50%) of the equity of the enterprise; or

(2) the power to direct the management and policies of said enterprise.

3. Except as otherwise provided in this Agreement the Company shall exclude


(Excluded Entity): (i) the Parent (the publicly-traded entity); (ii) those of its
Affiliates that are neither domiciled nor do business in the United States; (iii) the
current affiliates associated with its investment in I/N Tek and I/N Kote,
provided that such affiliates do not acquire or otherwise gain control of any
additional entities; (iv) any current or future affiliates of ArcelorMittal USA
which are established solely for the bona fide business purpose of securitizing or
facilitating financing arrangements of ArcelorMittal USA or for participation in
the trading, distribution or logistics of materials produced by ArcelorMittal USA
Affiliates, and (v) Walker Wire USA provided that it neither expands its
operations nor acquires an additional entity(ies).

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Section B. Term of the Agreement

1. The effective date of the Agreement shall be September 1, 2008, (the Effective
Date) except as otherwise expressly provided.

2. Except as otherwise provided below, this Basic Labor Agreement shall terminate
at the expiration of sixty (60) days after either party shall give written notice of
termination to the other party, but in any event shall not terminate earlier than
September 1, 2012 (the Termination Date).

3. If either party gives such notice, it may include therein notice of its desire to
negotiate with respect to Insurance, Pensions, Successorship and Supplemental
Unemployment Benefits. If the parties do not reach agreement with respect to
such matters by the Termination Date, either party may thereafter resort to strike
or lockout, as the case may be, in support of its position with respect to such
matters, as well as any other matter in dispute. This Paragraph shall apply to all
such matters, including Insurance, Pensions, Successorship and Supplemental
Unemployment Benefits, notwithstanding any contrary provision of existing
agreements on those subjects.

4. Any notice to be given under this Agreement shall be given by certified mail and
shall be postmarked by the required date. Mailing of notice to the Union should
be addressed to the United Steelworkers of America, Five Gateway Center,
Pittsburgh, Pennsylvania 15222; mailing of notice to the Company should be
addressed to 1 S. Dearborn Street, 19th Floor, Chicago, IL 60603. Either party
may, by like written notice, change the address to which certified mail notice
shall be given.

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ARTICLE TWO – UNION SECURITY

Section A. Recognition and Coverage

1. The Company recognizes the Union as the exclusive representative of a


bargaining unit made up of production, maintenance, office, technical, clerical
and railroad employees of the Company, excluding only managers, confidential
employees, supervisors and guards as defined under the National Labor
Relations Act. Individuals in the bargaining unit shall be known as
“Employees.” Individuals who are employed by the Company and are not in the
bargaining unit shall be known as “non-bargaining unit employees.” Individuals
who are in the bargaining unit and those who are not in the bargaining unit shall
be known collectively as “employees.”

2. Except as expressly provided herein, the provisions of this BLA constitute the
sole procedure for the processing and settlement of any claim by an Employee or
the Union of a violation by the Company of this Agreement. As the
representative of the Employees, the Union may process grievances through the
grievance procedure, including arbitration, in accordance with this BLA or may
adjust or settle same.

3. When the Company establishes a new or changed job whose duties include a
material level of production, maintenance, office, technical or clerical work; the
resulting job shall be considered a job covered within the bargaining unit;
provided that where non-bargaining unit duties are added to a job in the
bargaining unit on a temporary basis, they may be withdrawn.

4. It is understood that supervisors at a plant shall not perform work on a job


normally performed by the bargaining unit except:

a. experimental work;

b. demonstration work performed for the purpose of instructing and


training Employees;

c. work required by conditions which, if not performed, might result in


interference with operations, bodily injury or loss or damage to material
or equipment; and

d. work that would be unreasonable to assign to an Employee or which is


negligible in amount.

5. If an individual other than an Employee performs work in violation of Paragraph


4 and the Employee who otherwise would have performed this work can

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reasonably be identified, the Company shall pay such Employee his/her
applicable Regular Rate of Pay for the time involved or for four (4) hours,
whichever is greater.

Section B. Union Membership and Dues Checkoff

1. Each Employee who, on the effective date of this provision, is a member of the
Union and each Employee who becomes a member after that date shall, as a
condition of employment, maintain membership in the Union. Each Employee
who is not a member of the Union on the effective date of this provision and each
Employee who is hired thereafter shall, as a condition of employment, beginning
on the thirtieth (30th) day following the beginning of such employment or the
effective date of this provision, whichever is later, acquire and maintain
membership in the Union.

2. Should the above provision be unenforceable for any reason, then, to the extent
permitted by law, each Employee who would be required to acquire or maintain
membership in the Union if the provision in Paragraph 1 above could lawfully be
enforced, and who fails voluntarily to acquire or maintain membership in the
Union, shall be required, as a condition of employment, beginning on the
thirtieth (30th) day following the beginning of such employment or the effective
date of this provision, whichever is later, to pay to the Union each month a
service charge as a contribution towards the Union’s collective bargaining
representative expenses. The amount of the service charge, including an
initiation fee if applicable, shall be as designated by the International Union
Secretary-Treasurer.

3. Wherever Paragraph 1 or 2 above is applicable:

a. The Company will check off monthly dues or service charges, including,
where applicable, initiation fees and assessments, each in amounts as
designated by the International Union Secretary-Treasurer, effective upon
receipt of individually signed voluntary checkoff authorization cards. The
Company shall within ten (10) days remit any and all amounts so
deducted to the International Union Secretary-Treasurer with a completed
summary of USW Form R-115 or its equivalent.

b. At the time of employment, the Company will suggest that each new
Employee voluntarily execute an authorization for the checkoff of
amounts due or to be due under Paragraph 1 or 2 above. A copy of the
card will be forwarded at the time of signing to the Financial Secretary of
the Local Union.

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c. The Union will be notified of the amount transmitted for each Employee
(including the hours and earnings used in the calculation of such amount)
and the reason for non-transmission, such as in the case of interplant
transfer, layoff, discharge, resignation, leave of absence, sick leave,
retirement, death or insufficient earnings.

d. The International Union Secretary-Treasurer shall notify the Company in


writing of any Employee who is in violation of any provision of Paragraph
1 or 2 above.

e. The Union shall indemnify the Company and hold it harmless against any
and all claims, demands, suits and liabilities that shall arise out of or by
reason of any action taken by the Company for the purpose of complying
with the foregoing provisions.

Section C. PAC and SOAR Checkoff

1. The Company will deduct Political Action Committee (PAC) contributions for
active Employees who have submitted authorization for such deductions from
their wages and for retirees who have submitted authorization for such
deductions from their pension. Such deductions shall be on a form reasonably
acceptable to the Company and shall be promptly remitted to the Secretary-
Treasurer of the USW PAC Fund.

2. For retirees who are or wish to become members of the Steelworkers


Organization of Active Retirees (SOAR) and who have submitted authorization
for such deductions from their pension, the Company will deduct SOAR dues
from their pension. Such deductions shall be on a form reasonably acceptable to
the Company and shall be promptly remitted to the International Union
Secretary-Treasurer.

Section D. Successorship

1. The Company agrees that it will not sell, convey, assign or otherwise transfer,
using any form of transaction (any of the foregoing, a Sale), any plant or
significant part thereof which is covered by this Agreement to any other party
(Buyer), unless the following conditions have been satisfied prior to the closing
date of the Sale:

a. the Buyer shall have entered into an agreement with the Union recognizing
it as the bargaining representative for the Employees working at the plant(s)
to be sold; and

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b. the Buyer shall have entered into an agreement with the Union
establishing the terms and conditions of employment to be effective as of the
closing date of the Sale.

2. The Company agrees that it will not consummate any transaction resulting in a
Change of Control of the Company (a Transaction) unless the ultimate parent
company of the entity which gains control (Newco) has satisfied the following
conditions prior to the consummation of the Transaction:

a. Newco shall have recognized the Union as the bargaining representative for
the Employees working at the plant(s) which are involved in the
Transaction;

b. Newco shall have provided the Union with reasonable assurances that it
has both the willingness and financial wherewithal to honor the
commitments contained in all of the agreements between the Company
and the Union applicable to the assets acquired (All USW Agreements);

c. In transactions not subject to paragraph d below, Newco shall have


assumed all USW Agreements; and

d. In the event the Transaction occurs less than three (3) years before the
Termination Date, Newco shall have either:

(1) entered into an agreement with the Union establishing the terms
and conditions of employment to be effective upon the
consummation of the Transaction; or

(2) at the USW's option, either

(a) assumed All USW Agreements applicable to the assets


acquired, or

(b) assumed All such USW Agreements and extended them for
a period of at least three (3) years beyond their then-
scheduled expiration with the terms and conditions of the
period of the extension to be determined, absent a
negotiated agreement, by final offer interest arbitration.

The Union shall provide Newco with notice of the choice of its
option prior to the consummation of the Transaction.

3. Change of Control is defined as the gaining by any person or group of persons


(as the term person is used in Sections 13(d) and 14(d) of the Securities Exchange

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Act of 1934, as amended) (Person) of the power to direct the management and
policies of the Company (other than Persons having such power as of the
Effective Date).

4. This Section shall not apply to any transactions solely between the Company and
any of its Affiliates, nor to a public offering of registered securities.

5. If the common stock of the Comp any is publicly traded on a nationally


recognized stock exchange, then this Section shall not apply to any Transaction
that results from an unsolicited tender offer or similar unsolicited transaction.
This Section shall, however, apply in case of any merger or other consensual
Transaction, regardless of whether that consensual Transaction results from an
initial unsolicited offer.

6. Notwithstanding the provisions of Article One, Section B (Term of the Agreement),


this Section shall expire one (1) year after the Termination Date.

Section E. Neutrality

1. Introduction

The Company and the Union have developed a constructive and harmonious
relationship built on trust, integrity and mutual respect. The parties place a high
value on the continuation and improvement of that relationship.

2. Neutrality

a. To underscore the Company’s commitment in this matter, it agrees to


adopt a position of Neutrality regarding the unionization of any
employees of the Company.

b. Neutrality means that, except as explicitly provided herein, the Company


will not in any way, directly or indirectly, involve itself in any matter
which involves the unionization of its employees, including but not
limited to efforts by the Union to represent the Company’s employees or
efforts by its employees to investigate or pursue unionization.

c. The Company’s commitment to remain neutral as defined above may only


cease upon the Company demonstrating to the arbitrator under Paragraph
7 below that in connection with an Organizing Campaign (as defined in
Paragraphs 3(a) through 3(c) below) the Union is intentionally or
repeatedly (after having the matter called to the Union’s attention)
materially misrepresenting to the employees the facts surrounding their

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employment or is unfairly demeaning the integrity or character of the
Company or its representatives.

3. Organizing Procedures

a. Prior to the Union distributing authorization cards to non-represented


employees at a facility owned, controlled or operated by the Company,
the Union shall provide the Company with written notification (Written
Notification) that an organizing campaign (Organizing Campaign) will
begin. The Written Notification will include a description of the proposed
bargaining unit.

b. The Organizing Campaign shall begin immediately upon provision of


Written Notification and continue until the earliest of: (1) the Union
gaining recognition under Paragraph 3(d)(5) below; (2) written
notification by the Union that it wishes to discontinue the Organizing
Campaign; or (3) ninety (90) days from provision of Written Notification
to the Company.

c. There shall be no more than one (1) Organizing Campaign in a bargaining


unit in any twelve (12) month period.

d. Upon Written Notification the following shall occur:

(1) Notice Posting

The Company shall post a notice on all bulletin boards of the


facility where notices are customarily posted as soon as the Unit
Determination Procedure in Paragraph 3(d)(3) below is completed.
This notice shall read as follows:

“NOTICE TO EMPLOYEES

We have been formally advised that the United Steelworkers of


America is conducting an organizing campaign among certain of
our employees. This is to advise you that:

1. The Company does not oppose collective bargaining or the


unionization of our employees.

2. The choice of whether or not to be represented by a union is


yours alone to make.

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3. We will not interfere in any way with your exercise of that
choice.

4. The Union will conduct its organizing effort over the next
ninety (90) days.

5. In their conduct of the organizing effort, the Union and its


representatives are prohibited from misrepresenting the
facts surrounding your employment. Nor may they unfairly
demean the integrity or character of the Company or its
representatives.

6. If the Union secures a simple majority of authorization cards


of the employees in [insert description of bargaining unit
provided by the Union] the Company shall recognize the
Union as the exclusive representative of such employees
without a secret ballot election conducted by the National
Labor Relations Board.

7. The authorization cards must unambiguously state that the


signing employees desire to designate the Union as their
exclusive representative.

8. Employee signatures on the authorization cards will be


confidentially verified by a neutral third party chosen by the
Company and the Union.”

Following receipt of Written Notification, the Company may only


communicate to its employees on subjects which directly or
indirectly concern unionization on the issues covered in the Notice
set forth above or raised by other terms of this Neutrality Section
and consistent with this Section and its spirit and intent.

(2) Employee Lists

Within five (5) days following Written Notification, the Company


shall provide the Union with a complete list of all of its employees
in the proposed bargaining unit who are eligible for Union
representation. Such list shall include each employee’s full name,
home address, job title and work location. Upon the completion of
the Unit Determination Procedure described in Paragraph 3(d)(3)
below, an amended list will be provided if the proposed unit is
changed as a result of such Unit Determination Procedure.

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Thereafter during the Organizing Campaign, the Company will
provide the Union with updated lists monthly.

(3) Determination of Appropriate Unit

As soon as practicable following Written Notification, the parties


will meet to attempt to reach an agreement on the unit appropriate
for bargaining. In the event that the parties are unable to agree on
an appropriate unit, either party may refer the matter to the
Dispute Resolution Procedure contained in Paragraph 7 below. In
resolving any dispute over the scope of the unit, the arbitrator shall
apply the principles used by the National Labor Relations Board.

(4) Access to Company Facilities

During the Organizing Campaign the Company, upon written


request, shall grant continuous access to well-traveled areas of its
facilities to the Union for the purpose of distributing literature and
meeting with unrepresented Company employees. Distribution of
Union literature shall not compromise safety or production or
unreasonably disrupt ingress or egress or the normal business of
the facility. Distribution of Union literature and meetings with
employees shall be limited to non-work areas during non-work
time.

(5) Card Check/Union Recognition

(a) If, at any time during an Organizing Campaign which


follows the existence of a substantial and representative
complement of employees in any unit appropriate for
collective bargaining, the Union demands recognition, the
parties will request that a mutually acceptable neutral (or an
arbitrator from the American Arbitration Association if no
agreement on a mutually acceptable neutral can be reached)
conduct a card check within five (5) days of the making of
the request.

(b) The neutral shall confidentially compare the authorization


cards submitted by the Union against original handwriting
exemplars of the entire bargaining unit furnished by the
Company. If the neutral determines that a simple majority
of eligible employees has signed cards which
unambiguously state that the signing employees desire to

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designate the Union as their exclusive representative for
collective bargaining purposes, and that cards were signed
and dated during the Organizing Campaign, then the
Company shall recognize the Union as the exclusive
representative of such employees without a secret ballot
election conducted by the National Labor Relations Board.

(c) The list of eligible employees submitted to the neutral shall


be jointly prepared by the Union and the Company.

4. Hiring

a. The Company shall, at any facility which it builds or acquires, give


preference in hiring to qualified employees of the Company then accruing
Continuous Service under the Agreement. In choosing between qualified
applicants, the Company shall apply standards established by Article
Five, Section E (Seniority) of the Agreement.

b. The hiring provision set forth above shall not apply where the employer
for the purposes of collective bargaining is or will be a Venture (as defined
in Paragraph 5(a) below); provided, however, that in a case where a
Venture could have an adverse impact on employment opportunities for
then current Employees, then the hiring provision set forth above shall
apply to such Venture as well.

c. Before implementing Paragraphs 4(a) and (b), the Company and the
Union will decide how this preference will be applied.

d. In determining whether to hire any applicant (whether or not such


applicant is an Employee covered by the Agreement), the Company shall
refrain from using any selection procedure which, directly or indirectly,
evaluates applicants based on their attitudes or behavior toward unions or
collective bargaining.

5. Definitions and Scope of this Agreement

a. Rules with Respect to Affiliates and Ventures

(1) For purposes of this Section, the Company includes (in addition to
the Company) any entity which is:

(a) engaged in (1) the mining, refining, production, processing,


transportation, distribution or warehousing of raw materials

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used in the making of steel; or (2) the making, finishing,
processing, fabricating, transportation, distribution or
warehousing of steel; and

(b) either an Affiliate or Venture of the Company.

(2) An Affiliate shall mean any business enterprise that Controls, is


under the Control of, or is under common Control with the
Company.

Control of a business enterprise shall mean possession, directly or


indirectly, of either:

(a) fifty percent (50%) of the equity of the enterprise; or

(b) the power to direct the management and policies of said


enterprise.

(3) Venture shall mean a business enterprise in which the Company


owns a material interest.

b. Rules With Respect to Existing Affiliates and Ventures

The Company agrees to cause all of its existing Affiliates and/or Ventures
that are covered by the provisions of Paragraph 5(a)(1)(a) above, to
become a party/parties to this Section and to achieve compliance with its
provisions.

c. Rules with Respect to New Affiliates and Ventures

The Company agrees that it will not consummate a transaction which


would result in the Company having or creating (1) an Affiliate or (2) a
Venture, without ensuring that the New Affiliate and/or New Venture, if
covered by the provisions of Paragraph 5a(1)(a) above, agrees to and
becomes bound by this Section.

d. In the event that an Affiliate or Venture is not itself engaged in the


operations described in Paragraph 5(a)(1)(a) above, but has an Affiliate or
Venture that is engaged in such operations, then such Affiliate or Venture
shall be covered by all provisions of this Section.

6. Bargaining in Newly-Organized Units

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Where the Union is recognized pursuant to the above procedures, the first
collective bargaining agreement applicable to the new bargaining unit will be
determined as follows:

a. The employer and the Union shall meet within fourteen (14) days
following recognition to begin negotiations for a first collective bargaining
agreement covering the new unit. In these negotiations the parties shall
bear in mind the wages, benefits and working conditions in the most
comparable operations of the Company (if any comparable operations
exist), and those of unionized competitors to the facility in which the
newly recognized unit is located.

b. If after ninety (90) days following recognition the parties are unable to
reach agreement for such a collective bargaining agreement, they shall
submit those matters that remain in dispute to the Chair of the Union
Negotiating Committee and the Chair of the Company Negotiating
Committee, who shall use their best efforts to assist the parties in reaching
a collective bargaining agreement.

c. If after thirty (30) days following the submission of outstanding matters


the parties remain unable to reach a collective bargaining agreement, the
matter may be submitted to final offer interest arbitration in accordance
with procedures to be developed by the parties.

d. If interest arbitration is invoked, it shall be a final offer package interest


arbitration proceeding. The interest arbitrator shall have no authority to
add to, detract from or modify the final offers submitted by the parties,
and the arbitrator shall not be authorized to engage in mediation of the
dispute. The arbitrator shall select one or the other of the final offer
packages submitted by the parties on the unresolved issues. The interest
arbitrator shall select the final offer package found to be the more
reasonable when considering (1) the negotiating guidelines described in
Paragraph 6(a) above, (2) any matters agreed to by the parties and
therefore not submitted to interest arbitration and (3) the fact that the
collective bargaining agreement will be a first contract between the
parties. The decision shall be in writing and shall be rendered within
thirty (30) days after the close of the interest arbitration hearing record.

e. Throughout the proceedings described above concerning the negotiation


of a first collective bargaining agreement and any interest arbitration that
may be engaged in relative thereto, the Union agrees that there shall be no
strikes, slowdowns, sympathy strikes, work stoppages or concerted
refusals to work in support of any of its bargaining demands. The

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Company, for its part, likewise agrees not to resort to the lockout of
Employees to support its bargaining position.

7. Dispute Resolution

a. Any alleged violation or dispute involving the terms of this Section may
be brought to a joint committee of one (1) representative each from the
Company and the Union. If the alle ged violation or dispute cannot be
satisfactorily resolved by the parties, either party may submit such
dispute to the arbitrator. A hearing shall be held within ten (10) days
following such submission and the arbitrator shall issue a decision within
five (5) days thereafter. Such decision shall be in writing and need only
succinctly explain the basis for the findings. All decisions by the
arbitrator pursuant to this article shall be based on the terms of this
Section and the applicable provisions of the law. The arbitrator’s remedial
authority shall include the power to issue an order requiring the
Company to recognize the Union where, in all the circumstances, such an
order would be appropriate.

b. The arbitrator’s award shall be final and binding on the parties and all
employees covered by this Section. Each party expressly waives the right
to seek judicial review of said award; however, each party retains the right
to seek judicial enforcement of said award.

c. For any dispute under this Section and the interest arbitration procedure
described in Paragraph 6 above, the parties shall choose the arbitrator
from the list of arbitrators described in Article Five, Section I (Adjustment
of Grievances), Paragraph 6, contacting them in the order listed, and
retaining the first to indicate an ability to honor the time table set forth
above for the hearing and the decision.

Section F. Bargaining Unit Work

1. Guiding Principle

a. The Guiding Principle is that the Company will use Employees to perform
any and all work which they are or could be capable (in terms of skill and
ability) of performing (Bargaining Unit Work), unless the work meets one
of the exceptions outlined in Paragraph 2 below.

b. Any individual or entity other than an Employee who performs


Bargaining Unit Work shall be referred to herein as an Outside Entity.

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2. Exceptions

In order for work to qualify as an exception to the Guiding Principle, such work
must meet all aspects of one of the definitions outlined below and the Company
must be in full compliance with all of the requirements of the particular
exception as outlined below.

a. Work Performed In or Around the Plant

(1) New Construction Work

New Construction Work is that portion of the work associated with


significant (in the context of the facility) capital projects involving
the installation, replacement or reconstruction of any equipment or
productive facilities which (a) is not primarily maintenance; (b)
does not involve bundling the work of separate projects which
could be done separately; (c) does not involve any work not
directly related to the project in question; and (d) is not regular,
normal, routine, day-to-day or ongoing.

The Company may use Outside Entities to perform New


Construction Work.

(2) Surge Maintenance Work

Surge Maintenance Work is that portion of maintenance and repair


work which is required by bona fide operational needs performed
on equipment where the Company temporarily uses Outside
Entities to supplement bargaining unit forces and where: (a) the use
of Outside Entities would materially reduce the downtime of the
equipment; and (b) the work cannot reasonably be performed by
bargaining unit forces.

The Company may use Outside Entities to perform Surge


Maintenance Work provided that the Company has offered all
reasonable and appropriate requested overtime to all qualified
Employees who, by working such overtime, could reduce the
amount of Surge Maintenance Work performed by Outside Entities
in an efficient manner.

b. Work Performed Outside the Plant or its Environs

(1) Fabrication and Repair Work

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Fabrication Work is the creation outside of the plant or its environs
of items or parts used in the Company’s business which are not
themselves, either directly or after additional work is performed on
them, sold to customers. Repair Work is the repair, renovation or
reconstruction of those items.

Fabrication and Repair Work may be performed by Outside


Entities only where the location of the work’s performance is for a
bona fide business purpose and the Company can demonstrate a
meaningful sustainable economic advantage to having such work
performed by an Outside Entity.

In determining whether a meaningful sustainable economic


advantage exists, neither lower wage rates, if any, of the Outside
Entity, nor the lack of necessary equipment (unless the purchase,
lease or use of such equipment would not be economically feasible)
shall be a factor.

(2) Production Work

The Company may use Outside Entities to perform production


work outside the plant and its environs provided the Company
demonstrates that it is utilizing plant equipment to the maximum
extent consistent with equipment capability and customer
requirements and the Company is making necessary capital
investments to remain competitive in the steel business and is in
compliance with Article Eleven, Section B (Investment
Commitment).

c. Warranty Work

Warranty Work is work which is not a service contract or replacement


program and which is performed pursuant to a pre-existing warranty on
new or rehabilitated equipment or systems (1) in order to assure that seller
representations will be honored at no additional cost to the Company; (2)
within eighteen (18) months of the installation of such warranted
equipment unless longer warranties are the manufacturer’s published
standard warranties offered to customers in the normal course of
business; and (3) for the limited time necessary to make effective seller
guarantees that such equipment or systems are free of errors or will
perform at stated levels of performance.

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The Company may use Outside Entities to perform Warranty Work
provided the guarantor of the Warranty Work is responsible for the cost of
such work.

3. Commitment

In addition to the understandings described in Paragraphs 1 and 2 above, the


Company agrees that:

a. where total hours worked by employees of Outside Entities in or outside


the plant reach or exceed the equivalent of one (1) full time employee,
defined as forty (40) hours per week over a period of time sufficient to
indicate that the work is full time, the work performed by Outside Entities
will be assigned to Employees and the number of Employees will be
appropriately increased if necessary, unless the Company is able to clearly
demonstrate that the work cannot be performed by the addition of an
Employee(s), or that assignment of the work to Employees would not be
economically feasible. In determining whether the assignment of the work
to Employees is or is not economically feasible, the lower wage rates, if
any, of an Outside Entity shall not be a factor.

b. The parties agree that the Union may at any time enforce the obligations
described above, irrespective of the Company’s compliance with any
other obligation in this Section or any other part of the Agreement, and
that an arbitrator shall specifically require the Company to meet the above
Commitment, including imposing hiring orders and penalties.

c. The Company shall supply the Bargaining Unit Work Committee (as
defined below) with all requested information regarding compliance with
the Commitment.

4. Bargaining Unit Work Committee

At each plant a committee consisting of four (4) individuals, two (2) individuals
designated by each of the parties, shall be constituted to serve as the Bargaining
Unit Work Committee. The Committee shall meet as required but not less than
monthly to:

a. review bargaining unit force levels for the plant;

b. review historical contractor utilization by the plant;

c. review projections for contractor utilization by the plant;

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d. monitor the implementation of new programs or hiring to reduce
contractor utilization; and

e. develop new ideas and implementation plans to effectively reduce


contractor usage as per the terms of this Section.

5. Notice and Information

a. Prior to the Company entering into any agreement or arrangement to use


Outside Entities to perform Bargaining Unit Work, the Company will
provide written notice to the Bargaining Unit Work Committee in
sufficient time to permit a final determination, using the Expedited
Procedure, of whether or not the proposed use of Outside Entities is
permitted. Such notice shall include the following:

(1) location, type, duration and detailed description of the work;

(2) occupations involved and anticipated utilization of bargaining unit


forces;

(3) effect on operations if the work is not completed in a timely


fashion; and

(4) copies of any bids from Outside Entities and any internal
estimating done by or on behalf of the Company regarding the use
of the Outside Entities.

b. Should the Union believe a meeting to be necessary, a written request


shall be made within five (5) days (excluding Saturdays, Sundays and
holidays) after receipt of such notice. The meeting shall be held within
three (3) days (excluding Saturdays, Sundays and holidays) thereafter. At
such meeting, the parties shall review in detail the plans for the work to be
performed and the reasons for using Outside Entities. The Union shall be
provided with all information available to the Company concerning the
use of Outside Entities at issue.

c. Should the Company fail to give notice as provided above, then not later
than thirty (30) days from the later of the date of the commencement of the
work or when the Union becomes aware of the work, a grievance relating
to such matter may be filed.

6. Mutual Agreement

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a. As of the Effective Date, all agreements, understandings or practices of
any kind that directly or indirectly permit the use of Outside Entities to
perform Bargaining Unit Work are hereby agreed to be null and void.

b. In the event the Bargaining Unit Work Committee resolves a matter in a


fashion which in any way permits the use of Outside Entities, such
resolution shall be final and binding only as to the matter under
consideration and shall not affect future determinations under this
Section.

c. No agreement, whether or not reached pursuant to this Section, which


directly or indirectly permits the use of Outside Entities on an ongoing
basis, shall be valid or enforceable unless it is in writing and signed by the
President/Unit Chair and the Grievance Committee Chair/Unit Grievance
Committeeperson of the affected Local Union. Any such valid agreement
shall expire on the Termination Date of this Agreement, unless signed by a
Representative of the International Union.

7. Expedited Procedure

In the event the Union requests an expedited resolution of any dispute arising
under this Section, it shall be submitted to the Expedited Procedure in
accordance with the following:

a. Within three (3) days (excluding Saturdays, Sundays and holidays) after
the Union determines that the Bargaining Unit Work Committee cannot
resolve the dispute, the Union may advise the Company in writing that it
is invoking this Expedited Procedure.

b. An expedited arbitration must be scheduled within three (3) days


(excluding Saturdays, Sunday and holidays) of such notice and heard at a
hearing commencing within five (5) days (excluding Saturdays, Sundays
and holidays) thereafter.

c. The arbitrator shall render a decision within forty-eight (48) hours


(excluding Saturdays, Sundays and holidays) of the conclusion of the
hearing.

d. Notwithstanding any other provision of this Agreement, any case heard in


the Expedited Procedure before the work in dispute was performed may
be reopened by the Union if such work, as actually performed, varied in
any substantial respect from the description presented in arbitration. The

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request to reopen the case must be submitted within seven (7) days of the
date on which the Union knew or should have known of the variance.

8. Quarterly Review

a. Not less than quarterly, the Bargaining Unit Work Committee shall meet
with the Local Union President/Unit Chair and the General Manager of
the plant, for the purpose of reviewing all work for which the Company
anticipates utilizing Outside Entities at some time during the next or
subsequent quarters. The Union shall be entitled to review any current or
proposed contracts concerning such work and shall keep such information
confidential.

b. During the review, the Bargaining Unit Work Committee may (1) agree on
items of work that should be performed by Outside Entities for which
Notice under Paragraph 5 above is therefore not required; or (2) disagree
on which items of work should be performed by Employees and which
should be performed by Outside Entities for which notice under
Paragraph 5 is therefore required.

c. During the quarterly review, the Company will provide to the Bargaining
Unit Work Committee a detailed report showing work performed by
Outside Entities since the last such report. For each item of work the
report shall include the date and shift the work was performed; a
description of the work; the trade, craft or occupation of the individual
performing the work; and the total number of hours worked by each
individual.

9. General Provisions

a. Special Remedies

(1) Where it is found that the Company (a) engaged in conduct which
constitutes willful or repeated violations of this Section or (b)
violated a cease and desist order previously issued by an arbitrator,
the arbitrator shall fashion a remedy or penalty specifically
designed to deter the Company’s behavior.

(2) With respect to any instance of the use of an Outside Entity, where
it is found that notice or information was not provided as required
under Paragraph 5 above, and that such failure was willful or
repeated and deprived the Union of a reasonable opportunity to
suggest and discuss practicable alternatives to the use of an

22
Outside Entity, the arbitrator shall fashion a remedy which
includes earnings and benefits to Employees who otherwise may
have performed the work.

b. Outside Individuals Testifying in Arbitration

No testimony offered by an individual associated with an Outside Entity


may be considered in any proceeding unless the party calling the outsider
provides the other party with a copy of each Outside Entity document to
be offered in connection with such testimony at least forty-eight (48) hours
(excluding Saturdays, Sundays and holidays) before commencement of
that hearing.

10. Oversight and Work Subject to Transfer

a. Notwithstanding any other provisions of this Section, a Company wide


Oversight and Work Subject to Transfer Committee (Committee) will be
established comprised of two union members (as designated by the Union
Negotiating Committee Chairman) and two company members (as
designated by the Company Negotiating Committee Chairman).

b. An initial review of all outstanding issues at all plants covered by this


Agreement will be conducted within one hundred twenty (120) days of
the ratification of this Agreement. After the initial review the Committee
will meet at least monthly to address issues that may arise during and
after the review. After each meeting the Committee will prepare a written
report for the Co-Chairs of the Negotiating Committee including any
issues the local parties are unable to resolve, for review by the Co-Chairs.

c. The parties recognize that in addition to ongoing concerns regarding the


Commitment provisions of this Section there also exists a significant
amount of work that is performed inside the plants that is being
performed by Outside Entities that may not meet an exception as defined
in this Section. The substantial leve l of work inside the plants that is
currently (as of the Effective Date) being performed on a full-time basis
pursuant to agreement or by practice by Outside Entities is work that is
identified as Work Subject to Transfer (WST). The parties are committed
to having all work inside the plants performed by Employees as is
required by this BLA.

d. The Company agrees that WST will be transferred to Employees pursuant


to the procedures in paragraph f below unless the Company can clearly
demonstrate that the work meets both of the exceptions outlined below.

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1. The Outside Entity performing such work has a significant
(in the context of the relevant Company facility and the
number of Outside Entity employees performing the WST)
investment in either equipment, facilities, proprietary
technology, or business and administrative infrastructure;
and

2. That to transfer such WST to Employees would, under all


the circumstances, subject the Company to a material
economic disadvantage measured over time and taking
into account the size of the initial required investment (and
without comparing wage and benefit costs).

e. The Company shall provide the members of the Committee with any
relevant resources or information including arranging meetings with
Outside Entities, in addition the Company will:

1. Identify Outside Entities who have employees performing


WST;

2. Examine the type and amount of WST done by each


Outside Entity and identify the contract termination dates
of any contracts between the Company and such Outside
Entities;

3. Identify those Outside Entities which meet the exception


outlined in paragraph d above.

4. Develop plans to transfer the WST to Employees. In


developing such plans, the objective of the Committee
shallbetodosoasexpe ditiously as possible without
interfering with the orderly operation of the plant.

f. After completing the tasks set forth in this Section, the Committee will
develop schedules and procedures to transfer any WST which does not
meet the exception outlined above to Employees. Progress on such
schedules and procedures will be monitored monthly. Should the Union
Co-Chair conclude that a dispute cannot be resolved; the dispute may be
referred directly to arbitration under the relevant provisions of Article
Five Section I of the BLA.

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Section G. Printing of Contracts

1. Immediately following the Effective Date of this Agreement, the parties will
create mutually acceptable labor and benefits agreements. These agreements
shall, at the expense of the Company, be printed by a union printer in a form
(size, paper stock, number of copies, etc.) and a manner of distribution
reasonably designated by the Union. The distribution shall occur within three (3)
months of the Effective Date.

2. The Company shall provide the Union with electronic versions of all agreements
between the parties.

Section H. Hiring Preference

1. In all hiring for bargaining unit positions, the Company shall, subject to its
obligations under applicable equal employment opportunity laws and
regulations, give consideration, to the full extent of interest, to the direct relatives
(children, children-in-law, step-children, spouse, siblings, grandchildren, nieces
and nephews) of Employees and retirees of the Company who meet reasonably
established hiring criteria.

2. Such hiring shall conform to applicable lines of progression, bidding, promotion


and other requirements under this Agreement.

3. The Company shall, subject to these and other applicable provisions, have the
final responsibility for accepting or rejecting a particular applicant for
employment.

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ARTICLE THREE – HEALTH, SAFETY AND THE ENVIRONMENT

Section A. Employee and Union Rights

1. Employees have the right to a safe and healthful workplace, to refuse dangerous
work, to adequate personal protective equipment, to safety and health training,
to a proper medical program for workplace injuries and illnesses, and to a
reasonable alcoholism and drug abuse policy.

2. The Union has the right to participate in active and informed Joint Safety and
Health and Environmental Committees to appoint Union health and safety
representatives, to join in regular safety audits and accident investigations, to
receive full and continuing access to all information (including all OSHA
reports), and to participate in programs which address certain special hazards.
The Company will provide the Union Safety Department with prompt telephonic
notification of the basic facts concerning any fatality at the worksite, followed by
a written communication. The Company will also provide the Union Safety
Department with a copy of any fatal accident report.

3. The Company will develop and implement, with the involvement of the Union,
policies and programs for ensuring these rights.

4. The Company, with the involvement of the Employees performing the work, will
develop and require the use of safe job procedures for the performance of all
work. In the absence of a formal sa fe job procedure, a personal hazard
assessment and control checklist will be used until a formal safe job procedure is
developed.

Section B. The Right to a Safe and Healthful Workplace

1. The Company will provide safe and healthful conditions of work for its
Employees and will, at a minimum, comply with all applicable laws and
regulations concerning the health and safety of Employees at work and the
protection of the environment. The Company will install and maintain any
equipment reasonably necessary to protect Employees from hazards.

2. The Company will make every reasonable effort to ensure that all equipment is
maintained in a safe condition. Its inspection and maintenance program will
give top priority to equipment critical to Employee safety and health. Where
faulty equipment creates an abnormal risk to Employees, the Company will take
all necessary steps to eliminate the risk.

26
3. The Company will provide suitable heating and ventilation systems and keep
them in good working order.

Section C. The Right to Refuse Unsafe Work

1. If an Employee, acting in good faith and on the basis of objective evidence,


believes that there exists an unsafe or unhealthful condition beyond the normal
hazards inherent in the operation (Unsafe Condition), s/he shall notify his/her
immediate supervisor. The Employee and the supervisor will make every
attempt to resolve the condition in the interest of safety. Thereafter, s/he has the
right, subject to reasonable steps for protecting other Employees and equipment,
to be relieved from duty on that job and to return to that job only when the
Unsafe Condition has been remedied. The Company may assign the Employee to
other available work in the plant, consistent with this Agreement and without
displacing another Employee.

2. If the Company disputes the existence of the allegedly Unsafe Condition, the
Grievance Chair and the Plant General Manager or their designees will
immediately investigate and determine whether it exists.

3. If after the investigation it is determined that the condition existed, the Employee
will be made whole for any lost time in connection with the condition. If after
the investigation the Company does not agree that an Unsafe Condition exists,
the Union has the right to present a grievance in writing to the appropriate
Company representative and thereafter the Employee shall continue to be
relieved from duty on the job. The grievance will be presented without delay
directly to an arbitrator, who will determine whether the Employee acted in
good faith in leaving the job and whether the Unsafe Condition was in fact
present.

4. No Employee who in good faith exercises his/her rights under this Section will
be disciplined.

5. If an arbitrator determines that an Unsafe Condition within the meaning of this


Section exists, s/he shall order that the Condition be corrected and that the
correction occur before the Employee returns to work on the job in question and
the Employee shall be made whole for any lost earnings.

Section D. The Right to Adequate Personal Protective Equipment

The Company will provide, without cost to the Employee, effective protective
equipment in good working order when required by law or regulation or when

27
necessary to protect Employees from injury or illness. Such equipment includes, but is
not limited to, goggles, hard hats, safety glasses, hearing protectors, face shields,
respirators, gloves, protective clothing, harnesses and flame resistant clothing.

Section E. The Right to Safety and Health Training

1. All employees will be provided with periodic safety and health training. In
addition, before the initial assignment to a particular job, employees will receive
training on the nature of the operation or process; the hazards of the job; controls
in place; safe working procedures and the reasons for them; the purpose, use and
limitations of the required personal protective equipment; and other controls or
precautions associated with the job. The training shall be a minimum of sixteen
(16) hours, site specific, over and above any State or Federal required training for
employees transferring to another division within a plant or to another plant
within the Company. All new hires shall have a minimum of forty (40) hours of
safety training.

2. All training programs will be fully discussed and reviewed by the Joint Safety and
Health Committee. The Company will make a reasonable effort to use
Employees chosen by the Union Co-Chair of the Joint Safety Committee as
trainers and will instruct trainers in effective teaching techniques. Upon request,
the Union’s Health, Safety and Environment Department (Union Safety
Department) will be provided with a copy of all training materials and be
afforded the opportunity to review the training.

Section F. The Right to a Proper Medical Program for Workplace Injuries


and Illnesses

1. The Company will provide first aid equipment and trained personnel in close
proximity to each of its facilities. The Company will provide Employees who are
seriously injured on the job with prompt emergency transportation to an
appropriate treatment facility and return transportation to the plant.

2. An Employee who, as a result of an occupational injury or illness, is unable to


return to his/her assigned job for the balance of the shift on which s/he was
injured will be paid any earnings lost on that shift.

3. The Company will make medical screening for occupational illnesses available to
Employees or retirees (who work or retire after the Effective Date) in jobs where
a government agency requires screening.

28
4. The Company will not require any Employee to submit to any medical test or
answer any medical history question that is not related to the Employee’s ability
to perform his/her job.

5. The Company will maintain the privacy of reports of medical examinations of its
Employees and will only furnish such reports to a physician designated by the
Employee with the written authorization of the Employee; provided that the
Company may use or supply such medical examination reports of its Employees
in response to subpoenas, requests by a governmental agency authorized by law
to obtain such reports and in arbitration or litigation of any claim or action
involving the Company and the Employee. Upon written request by the
Employee, the Company will provide the Employee with a copy of the
Employee’s medical records at no cost to the Employee. All medical
examinations will be conducted by or under the supervision of a licensed
physician.

6. If a Company physician detects a medical condition that requires further medical


attention, s/he will advise the Employee of such condition.

Section G. The Right to a Reasonable Policy on Alcoholism and Drug


Abuse

1. Alcoholism and drug abuse are recognized by the parties to be treatable medical
conditions. The Company and the Union agree to establish an Employee
Assistance Program (EAP), administered and funded by the Company, to
facilitate the rehabilitation of Employees afflicted with alcoholism or drug abuse.
The EAP will utilize professional and Employee peer counselors and will operate
under conditions of strict confidentiality.

2. The Company may require an Employee to submit to a medical evaluation


performed by qualified personnel, which may include a drug or alcohol test, only
where there is reasonable cause, based on objective evidence, to believe that the
Employee is legally intoxicated or impaired by drugs on the job. Employees
involved in an accident will be tested only when an error in their coordination or
judgment could likely have contributed to the accident. In addition any
Employee who incurs an extended leave of absence (except Union leave) of
greater than ninety (90) days may be required to submit to a drug and alcohol
test as a part of a return to work physical.

3. Employees will not be required to submit to drug or alcohol testing for any other
reason, unless such testing is required by law.

29
4. Drug and alcohol tests will utilize scientifically accepted methods for evaluating
impairment. When a biological sample is taken, a portion will be retained for
retesting, should the Employee dispute the initial results.

5. Employees who are found through testing to have abused alcohol or drugs will
be offered rehabilitation in lieu of discipline. However, this provision does not
affect the right of the Company to discipline Employees for violation of plant
rules or for working or attempting to work while knowingly impaired.

Section H. The Union’s Right to Participate in a Joint Safety and Health


Committee

1. A Joint Safety and Health Committee (Joint Safety Committee) will be


established at each facility to be composed of the Local Union President/Unit
Chair and the Plant Manager and no less than three (3) additional members or no
more than one (1) for each department as designated by each Co-Chair. The
parties will designate their respective Co-Chairs and provide each other with
updated lists of the members of the Joint Safety Committee.

2. The Joint Safety Committee will have the following functions: participating in the
design of Company safety and health programs, including strategic planning;
assisting in the establishment of safe job procedures; overseeing and
participating in plant safety and health audits (including annual comprehensive
audits of the entire plant); reviewing plant safety rules; participating in the
investigation of workplace accidents; reviewing accident, injury, illness and other
statistics related to safety and health; participating in the design of safety and
health training programs; reviewing proposed changes in plant technology or
operations for their impact on Employee safety and health; participating in the
selection of personal protective equipment; discussing the Company’s response
to proposed regulations and legislation affecting safety and health; participating
in and reviewing the results of safety and health inspections or industrial
hygiene monitoring by OSHA, MSHA, and NIOSH; collecting and responding to
safety and health concerns raised by individual members of the Joint Safety
Committee or Employees; and working together to promote an awareness of
safety and health hazards and safe work procedures.

3. The Joint Safety Committee will hold periodic meetings at times determined by
the Co-Chairs, but no less often than monthly. Either Co-Chair may call a special
meeting of the Joint Safety Committee. The Union members will be afforded
time to meet privately as needed to prepare for meetings of the Joint Safety
Committee.

30
4. The Company and the Union will each keep minutes of meetings. Prior to every
regular meeting, the Company will prepare a written response to concerns or
action items noted at the previous meeting, as well as any open items from
previous meetings. The two (2) sets of minutes, or a jointly agreed reconciled
version, along with the Company’s written response to concerns and action
items, will be included in the official record of the meeting.

5. The Company will not make any changes to plant safety and health programs,
policies or rules; introduce new protective equipment or eliminate existing
protective equipment; or modify safety and health training, unless the Joint
Safety Committee has been notified and the Union has been provided the
opportunity to discuss the change.

6. The Joint Safety Committee will not handle grievances, although it may discuss
safety and health issues that have led to a grievance.

7. The Company, in cooperation with the Union Safety Department, will provide
annual training for members of the Joint Safety Committee. The Company will
pay the reasonable cost of training materials and facilities, as well as necessary
expenses and earnings in accordance with local plant understandings.

8. Members of the Joint Safety Committee will be afforded access, consistent with
their own safety and the safety of the operation, to all operational areas of the
plant, upon notification to the appropriate management representative. The
director of the Union Safety Department or his/her designee will be allowed
access to the plant upon notification to the Company.

9. The Company will provide an office in a convenient location in the plant for the
exclusive use of Union members of the Joint Safety Committee. The office will be
equipped with a telephone and a computer.

10. The Union members of the Joint Safety Committee will be compensated in
accordance with standard local plant understandings for all hours spent on
Committee work.

11. The parties will sponsor an annual safety and health meeting, attended by Union
members of the Joint Safety Committee from each plant covered by this
Agreement, appropriate Company counterparts and members of the Union
Safety Department. The Company will pa y reasonable travel expenses, other
expenses and earnings determined in accordance with the standard local plant
understandings.

Section I. The Union’s Right to Participate in Environmental Issues

31
1. A Joint Environmental Sub-Committee of the Joint Safety and Health Committee
will be established at each location, composed of an equal number of Employees
designated by the Union and the Company. The Joint Safety and Health
Committee will meet regularly to discuss environmental issues affecting the
Company and to make appropriate recommendations.

2. The Company will make available for review to the Joint Safety and Health
Committee all environmental reports, monitoring results, analyses, materials
received from the EPA and other agencies, and any other documents related to
the Company’s environmental program and obligations.

3. The parties also agree that energy efficiency is vital to the long term viability of
the Company. Energy efficiency update s, energy use and emissions studies to
the property and equipment within each plant will be analyzed by Problem
Solving Teams as set forth in Article Six Section A. The information and studies
will be used to assess potential cost savings in reduction of energy use and
emissions.

Section J. The Right to Union Safety and Health Representatives

1. The Union will appoint a full-time safety and health representatives at each
plant. These representatives will work with the Company safety and health
representative under the direction of the Union Co-Chair.

2. Full-time Union safety and health representatives will receive their Regular Rate
of Pay applicable to the job held immediately before becoming a full-time safety
and health representative.

3. The Joint Safety Committee, Company Safety and Health Department and Union
Safety Department will cooperate in designing and implementing training for
Union safety and health representatives.

Section K. The Union’s Right to Participate in Accident Investigations

1. When an accident occurs that results, or could have resulted, in a serious injury,
the Company will immediately notify the Union Co-Chair of the Joint Safety
Committee who will have the right to immediately visit the accident scene, or to
assign another Union member of the Joint Safety Committee to visit the accident
scene, consistent with his/her safety. The Joint Safety Committee will investigate
all such accidents and prepare an accident report. The Company will provide
the Joint Safety Committee with full access to the accident site and any
information relevant to understanding the causes of the accident.

32
2. If the Company requires an Employee to testify at the formal investigation into
the causes of an accident or disabling injury, the Employee will be advised that
s/he may have a Union representative present at the proceedings. The Union
will be furnished with a copy of the Employee's testimony.

3. No Employee will be disciplined or discriminated against in any way solely for


suffering an injury or illness or for reporting an accident. The Company will not
establish any program, policy, practice or work rule that might discourage
Employees from reporting accidents, injuries or illnesses.

Section L. Carbon Monoxide Control, Toxic Substances and Harmful Physical


Agents

1. The Company will routinely perform engineering surveys of hazards, periodic


in-plant industrial hygiene sampling and testing for harmful physical agents at
each location covered by this Agreement. The survey, to be conducted by
qualified personnel, will list locations from which significant amounts of carbon
monoxide, toxic substances and harmful physical agents could escape, the
conditions which might cause such a release, and the steps necessary to
minimize or control the hazard. The survey will be updated annually and
whenever significant changes are made to the gas-handling system or procedure.

2. Based on sampling and surveys, the Company will implement a program for the
control of such hazards including engineering and equipment changes necessary
to eliminate or reduce the hazards identified in the survey; necessary
amendments to safe job procedures; the installation and regular testing of fixed
automatic monitors equipped with alarms; the use of portable monitors; regular
inspection and maintenance of testing equipment; provision of an adequate
number of approved breathing apparatus appropriate for emergency operations
and in locations readily accessible to Employees; Employee training including
regular drills; an emergency rescue program with appropriate rescue and trained
personnel; and the investigation by the Joint Safety Committee of all incidents
which involve the accidental releases of such hazards, cause an alarm to trigger
or result in an elevated level of carboxyhemoglobin in any exposed person. The
Joint Safety Committee will review the survey and the program whenever it is
updated.

Section M. Ergonomics

The parties will establish a program to identify ergonomic risks in the plant and
recommend controls.

Section N. Safety Shoe Allowance

33
Annually each Employee, other than a probationary Employee, will be provided a
voucher for use at local vendor(s) designated by the Company for the full purchase
price from an approved list of one (1) pair of safety shoes for the Employee’s use at
work. The Company shall also replace such shoes, as necessary, in accordance with
applicable laws.

Section O. No Union Liability

The Company has the exclusive legal responsibility for safety and health conditions in
the plant and for environmental matters. Ne ither the Union nor its representatives,
officers, employees or agents will in any way be liable for any work-related injuries or
illnesses or for any environmental pollution that may occur.

34
ARTICLE FOUR – CIVIL RIGHTS

Section A. Non-Discrimination

1. The provisions of this Agreement shall be applied to all Employees without


regard to:

a. race, color, religious creed, national origin, handicap or disability or status


as a veteran; or

b. sex or age, except where sex or age is a bona fide occupational


qualification; or

c. citizenship or immigration status, except as permitted by law.

2. Harassment based on any of the characteristics as set forth in this Section shall be
considered discrimination under this Section.

3. The Company shall not retaliate against an Employee who complains of


discrimination or who is a witness to discrimination.

4. There shall be no interference with the right of Employees to become or continue


as members of the Union and there shall be no discrimination, restraint or
coercion against any Employee because of membership in the Union.

5. The right of the Company to discipline an Employee for a violation of this


Agreement shall be limited to the failure of such Employee to discharge his/her
responsibilities as an Employee and may not in any way be based upon the
failure of such Employee to discharge his/her responsibilities as a representative
or officer of the Union. The Union has the exclusive right to discipline its officers
and representatives. The Company has the exclusive right to discipline its
officers, representatives and employees.

6. Nothing herein shall be construed to in any way deprive any Employee of any
right or forum under public law.

Section B. Civil Rights Committee

1. A Joint Committee on Civil Rights (Joint Committee) shall be established at each


location covered by this Agreement. The Union shall appoint two (2) members,
in addition to the Local Union President/Unit Chair and Grievance Chair. The
Company shall appoint an equal number of members, including the Plant
Manager and the Plant Manager of Industrial Relations. The parties shall each

35
appoint a Co-Chair and shall provide each other with updated lists of the
members of the Joint Committee.

2. The Joint Committee shall meet as necessary and shall review and investigate
matters involving civil rights and attempt to resolve them.

3. The Joint Committee shall not displace the normal operation of the grievance
procedure or any other right or remedy and shall have no jurisdiction over
initiating, filing or processing grievances.

4. In the event an Employee or Union representative on the Joint Committee brings


a complaint to the Joint Committee, the right to bring a grievance on the matter
shall be preserved, in accordance with the following:

a. The complaint must be brought to the attention of the Joint Committee


within the same timeframe that a complaint must be brought to the First
Step 1 of the grievance procedure.

b. The Employee must provide the Joint Committee with at least sixty (60)
days to attempt to resolve the matter.

c. At any time thereafter, if the Joint Committee has not yet resolved the
matter, the Employee may request that the Grievance Chair file it as a
grievance in Step 2 of the grievance procedure, and upon such filing the
Joint Committee shall have no further jurisdiction over the matter.

d. If the Joint Committee proposes a resolution of the matter and the


Employee is not satisfied with such resolution, then the Union may file the
complaint at Step 2 of the grievance procedure, provided such filing is
made within thirty (30) days of the Employee being made aware of the
Joint Committee’s proposed resolution.

Section C. Workplace Harassment, Awareness and Prevention

1. All Employees shall be educated in the area of harassment awareness and


prevention on a periodic basis.

2. A representative of the Union’s Civil Rights Department and a representative


designated by the Company’s Industrial Relations Department will work
together to develop joint harassment and prevention education, with input from
the plants and Local Unions.

36
3. Within six (6) months of the Effective Date of this Agreement, members of the
Joint Civil Rights Committee will be trained in matters relative to this provision.

4. All new Employees (and all Employees who have not received such training)
will be scheduled to receive two (2) hours of training as to what harassment is,
why it is unacceptable, its consequences for the harasser and what steps can be
taken to prevent it.

5. All Employees shall be compensated in accordance with the standard local plant
understandings for time spent in training referred to in this Section.

Section D. Child Care, Elder Care and Dependent Care

1. The parties agree to identify programs to meet the changing needs of working
families, particularly in regard to dependent care.

2. At each location covered by this Agreement the parties shall create a Dependent
Care Committee, comprised of a Contract Coordinator and a designee of the
Plant Manager and the Local Union President/Unit Chair. The Committee shall
meet and be responsible for the development of dependent care programs. The
Committee will utilize local community resources which are able to support the
issues of child, elder and dependent care.

3. The Committee's efforts shall include fact finding and identifying working model
programs during the term of this Agreement, such as:

a. twenty-four (24) hour resources and referral systems;

b. subsidy and/or reimbursement provisions for dependent care services;

c. pre-tax programs;

d. near-site or on-site dependent care centers;

e. before and after work care for extended workdays;

f. holiday, emergency and sick care on workdays; and

g. development of community-based groups with other unions and


companies in the region to cost effectively provide dependent care
services.

37
ARTICLE FIVE – WORKPLACE PROCEDURES

Section A. Local Working Conditions

1. Local Working Conditions

The term Local Working Conditions as used in this Section means specific
practices or customs which reflect detailed applications of matters within the
scope of wages, hours of work or other conditions of employment, including
local agreements, written or oral, on such matters. It is recognized that it is
impracticable to set forth in this Agreement all of these working conditions,
which are of a local nature only, or to state specifically in this Agreement which
of these matters should be changed or eliminated (Change or Changed). The
provisions set forth below provide general principles and procedures which
explain the status of these matters and furnish necessary guideposts. Any
arbitration arising under this Section shall be handled on a case-by-case basis on
principles of reasonableness and equity.

2. Deprivation of Benefits

In no case shall Local Working Conditions deprive an Employee of rights under


this Agreement and the conditions shall be Changed to provide the benefits
established by this Agreement.

3. Benefits in Excess

Should there be any Local Working Conditions in effect which provide benefits
that are in excess of, or in addition to, but not in conflict with benefits established
by this Agreement, they shall remain in effect for the term of this Agreement,
except as they are Changed in accordance with Paragraph 4 below.

4. Right to Change

The Company shall have the right to Change any Local Working Condition if the
basis for the existence of the Local Working Condition is Changed, thereby
making it inappropriate to continue such Local Working Condition; provided,
however, that the Change shall be reasonable and equitable.

5. Modification of Agreement

No Local Working Condition shall be established or continued which conflicts


with any provision of this Agreement.

6. Additional Requirements

38
As of the Effective Date, all future Local Working Conditions must be reduced to
writing and signed by the Plant Manager and the Local Union President/Unit
Chair.

Section B. New or Changed Jobs

1. At each location covered by this Agreement, the Union shall designate up to two
(2) individuals to serve on a Job Evaluation Committee. The Committee shall be
provided with paid time off in accordance with standard local plant
understandings to conduct its business as described in this Section.

2. In the event the Company chooses to modify the duties of an existing job or
create a new job, it shall follow the procedure outlined below.

3. The Company shall meet with the Job Evaluation Committee and present it with
a written description of how it intends to modify an existing job or a complete
description of a proposed new job. The description shall include:

a. the requirements of such new or modified job in the areas of training, skill,
responsibility, effort and surroundings (Requirements);

b. the Company’s view as to how these Requirements compare to the


Requirements for existing jobs at the plant; and

c. based on Paragraphs (a) and (b) above, at what rate the Company believes
the job should be paid.

4. The Job Evaluation Committee shall be provided with any additional


information requested in connection with its assessment of the new or modified
job.

5. If the parties are unable to agree upon the appropriate duties and rate of pay for
the new or modified job, they shall submit their dispute to arbitration using a
procedure to be developed by the parties.

6. The arbitrator shall base his/her decision on the Requirements of the new or
modified job and how those Requirements compare to the Requirements for the
existing jobs at the plant and other plants of the Company.

39
Section C. Hours of Work

1. Normal Workday and Work Week

a. The normal workday shall be any regularly scheduled consecutive


twenty-four (24) hour period comprising eight (8) consecutive hours of
work and sixteen (16) consecutive hours of rest. The normal work week
shall be five (5) consecutive workdays beginning on the first day of any
seven (7) consecutive day period. The seven (7) consecutive day period is
a period of 168 consecutive hours and may begin on any day of the
calendar week and extend into the next calendar week. On shift changes,
the 168 consecutive hours may become 152 consecutive hours depending
upon the change in the shift.

b. Management shall make reasonable efforts to post or otherwise make


known to Employees schedules by 2:00 p.m. on Thursday, but in no event
not later than 2:00 p.m. Friday of the week preceding the calendar week in
which the schedule becomes effective. The Company will establish a
procedure affording any Employee whose last scheduled turn ends prior
to the posting of his/her schedule for the following week an opportunity
to obtain information relating to his/her next scheduled turn. This
procedure will also be applicable with respect to Employees returning
from vacation.

c. Employees shall be paid for all shifts which are part of their originally
posted schedule.

d. All shifts not included on the originally posted schedule shall be


considered overtime shifts.

2. Absenteeism

a. It is expected that Employees shall adhere to their prescribed schedule.


When an Employee must be absent from work, s/he shall, as promptly as
possible, contact the designated person and provide the pertinent facts
and when the Employee expects to return to work.

b. Reasonable rules for the implementation of these principles shall be


developed by the Company and made known to Employees. Such rules
will not deprive any Employee of any rights otherwise provided by this
Agreement and shall be reasonably applied.

3. Overtime

40
a. The parties recognize that schedules that regularly require a substantial
level of overtime are undesirable and should be avoided where possible.

b. Where local practices or agreements with respect to the distribution of


overtime do not presently exist, the Company and the Local Union
Grievance Committee shall promptly conclude an agreement providing
for the most equitable overtime distribution consistent with the efficiency
of the operation.

c. The Company will consider an Employee’s request to be excused from


overtime work and shall accommodate those requests which are
practicable and reasonable under the circumstances.

4. Full Week Guarantee

An Employee scheduled to work will receive, during a payroll week, an


opportunity to earn at least forty (40) hours of pay (including hours paid for but
not worked, work opportunities declined by the Employee, disciplinary time off,
absenteeism and report-off time for Union business, but excluding overtime pay
and premium pay). An Employee on an approved leave of absence or disability
during any payroll week shall be considered as having been provided the
opportunity for this guarantee during any such week, it being understood that
the pay, if any, that such an Employee is entitled to receive while on approved
leave of absence or disability is that provided by applicable law or the
Agreement, not the earning opportunity set forth in this Paragraph.

5. Full Day Guarantee

An Employee required to report to work shall be paid for the greater of (a) eight
(8) hours or (b) the hours actually worked, except as provided in other Sections
of this Agreement or in cases where the Employee works less than eight (8) hours
or the actual hours scheduled, as a result of the Employee voluntarily leaving
work.

6. Alternative Work Schedule

The Company may adopt alternative work schedules consisting of ten (10) or
twelve (12) hour per day scheduling with the approval of the Local Union
President/Unit Chair and the Grievance Chair and sixty percent (60%) of the
Employees who are impacted by the alternative schedule.

41
Alternative work schedules may be revoked by a simple majority vote of the
Employees who are impacted by that schedule or by the Company for legitimate
business reasons. Following such re vocation, the Company shall immediately
reinstate a normal schedule in accordance with this Section.

Section D. Overtime
1. Definitions

a. The payroll week shall consist of seven (7) consecutive days beginning at
12:01 a.m. Sunday or at the changing hour nearest to that time.

b. The workday for the purposes of this Section is the twenty-four (24) hour
period beginning with the time the Employee is scheduled to begin work.

c. The Regular Rate of Pay as used in Paragraph 2 below (and in this


Agreement) shall mean the Base Rate of Pay plus incentive earnings for
the job on which the overtime hours are worked.

d. For the purposes of determining hours which are subject to the non-
duplication of overtime hours provision, hours worked on Sunday in
excess of normal (or AWS) hours will not be used for the purpose of
calculating overtime payments.

2. Conditions Under Which Overtime Rates Shall Be Paid

Unless worked pursuant to an agreed upon Alternative Work Schedule, overtime


at the rate of one-and-one-half times the Regular Rate of Pay shall be paid for:

a. hours worked in excess of eight (8) hours in a workday;

b. hours worked in excess of forty (40) hours in a payroll week;

c. hours worked on the sixth or seventh workday of a seven (7) day period
during which five (5) days were worked, whether or not all such days fall
within a single payroll week; and

d.hours worked on a second re porting in the same workday where the


Employee has been recalled or required to report to work after working
eight (8) hours.

3. Holidays

42
Recognized holidays, whether or not worked, shall be counted as a day worked
in determining overtime; however, worked holidays shall only be paid as
specified in Article Ten, Section A (Holidays).

4. Non-Duplication of Overtime

Overtime shall not be duplicated by using the same hours paid at overtime rates
more than once for the purpose of calculating overtime payments.

Section E. Seniority

1. Seniority Status of Employees

a. The parties recognize that promotional and other in-plant opportunities


and job security should increase in proportion to length of continuous
service and that the fullest practicable consideration shall be given to
continuous service in such cases.

b. Continuous Service, as defined by Paragraph 3(a) below, shall be used for


all purposes under all labor and benefits agreements, unless explicitly
provided otherwise; provided, however, that accumulation in excess of
two (2) years during a period of layoff shall be counted only for purposes
of this Section, including local agreements thereunder.

c. In all cases of promotions, decreases in force and recalls after layoffs, the
following factors shall be considered:

(1) ability to perform the work and physical fitness; and

(2) Plant Continuous Service (Plant Service).

Where factor (1) is relatively equal, Plant Service shall be the determining
factor.

2. Determination of Seniority Units

a. Seniority shall be applied on a job and departmental or larger unit basis,


as agreed upon. A job may be in one seniority unit for one purpose and in
a different unit for another.

b. The seniority units, lines of progression, departments and rules for the
application of seniority factors in effect as of the Effective Date shall

43
remain in effect unless modified by a local written agreement signed by
the Grievance Chair.

c. Local seniority agreements shall provide that the opportunity to receive


training necessary for promotions and all promotions (including step-
ups), decreases in forces (including demotions and layoffs), recalls after
layoff and other practices affected by seniority shall be in accordance with
Plant Service; provided that (1) demotions, layoffs and other reductions in
force shall be made in descending job sequence order, starting with the
highest affected job and with the Employee on such job having the least
length of Plant Service and (2) the sequence on a recall shall be made in
the reverse order so that the same Employees return to jobs in the same
positions relative to one another that existed prior to the layoff.

3. Continuous Service

a. Continuous Service shall be determined by the Employee’s first


employment or reemployment following a break in continuous service in
any facility of the Company covered by this Agreement.

(1) Employees Who Were Employees of Any Predecessor Company

Continuous Service for Employees who were employees (within


the meaning of the relevant basic labor agreement with the Union)
of any predecessor company (a USW represented company some or
all of whose assets are or were acquired by the Company) will be
the length of time measured from the Employee’s continuous
service date under that predecessor company’s basic labor
agreement subject to the employee’s eligibility dates agreed to by
the parties, except as otherwise provided by this Agreement or
other agreements between the parties.

(2) All Other Employees

Continuous Service for all other Employees will be the length of


time measured from the Employee’s first date of employment with
the Company.

b. Company Continuous Service shall be the length of time measured from


the Employee’s first date of employment or reemployment following a
break in continuous service with the Company.

44
c. Plant Service shall be the length of time measured from the Employee’s
first date of employment or reemployment following a break in
continuous service in his/her plant.

d. Continuous Service (including Company Continuous Service and Plant


Service) shall only be broken if an Employee:

(1) quits;

(2) retires;

(3) is discharged for cause;

(4) if on layoff, fails to report to the Employment Office within ten (10)
days of registered mail notice;

(5) is absent because of layoff (including a layoff due to a permanent


closure) or non-occupational physical disability for a period longer
than the lesser of his/her length of Continuous Service at the
commencement of such absence or five (5) years; or

(6) is absent due to a compensable disability incurred during the


course of employment and does not return to work within thirty
(30) days after final payment of statutory compensation for the
disability or after the end of the period used to calculate a lump-
sum payment. If the seniority of an Employee does not permit a
return to work, the Employee will be placed on layoff and any
break will be determined under Paragraph 5 above.

4. Probationary Employees

a. New Employees hired after the Effective Date of this Agreement will serve
a probationary period for the first 1,040 hours of actual work and will
receive no Continuous Service credit during such period. Probationary
Employees shall have access to the grievance procedure but may be laid
off or discharged as exclusively determined by the Company; provided
that such layoff or discharge may not violate Article Four, Section A (Non-
Discrimination).

b. Probationary Employees who continue in the service of the Company


beyond the first 1,040 hours of actual work shall receive full Continuous
Service credit from their original date of hire.

45
c. Where a probationary Employee is laid off and is subsequently rehired
within one (1) year from the date of such layoff, the hours of actual work
accumulated during the first employment shall be added to the hours of
actual work accumulated during the second employment in determining
when the Employee has completed 1,040 hours of actual work; provided,
however, that his/her Continuous Service date will be the date of hire of
the second hiring.

5. Interplant and Intraplant Transfers

It is recognized that conflicting seniority claims among Employees may arise


when plant or department facilities are created, expanded, added, merged or
discontinued. In the event the local parties are unable to resolve such conflicts,
the International Union and the Company may reach such agreements as they
deem appropriate, irrespective of existing seniority agreements, or submit the
matter to arbitration.

6. Temporary Vacancies

a. In cases of temporary vacancies involving assignments within a seniority


unit, the Company shall to the greatest degree, consistent with efficiency
of the operation and the safety of Employees, and the progression
sequence, offer that assignment to the Employee in the unit with the
longest Plant Service who desires the assignment.

b. In case of a permanent vacancy on a job, the assignment of a junior


Employee to a temporary vacancy on such job shall not be used as a
presumption of creating greater ability in favor of such junior Employee if
such temporary vacancy should have been made available to the senior
Employee.

7. Posting of Job Openings

a. When a permanent vacancy develops or is expected to develop, it shall be


brought to the attention of all affected or potentially affected Employees in
a manner which insures adequate notice.

b. Employees in the seniority unit who wish to apply for the vacancy or
expected vacancy may do so in writing in accordance with reasonable
rules developed by the Company.

c. The notice requirement in Paragraph 7(a) above shall also apply to inform
Employees of the Company’s choice to fill the vacancy.

46
8. Seniority Status of Grievance Committee Members and Local Union Officers

When a decrease of force is effected, the Local Union President/Unit Chair, Vice
President and the members of the Grievance Committee shall, if they would
otherwise be laid off, be retained at the lowest rated job in the unit that they
represent. The intent of this provision is to retain in active employment
individuals who can provide continuity in the administration of the Agreement;
provided that an individual shall not be retained in employment unless work
which s/he can perform is available.

9. Administration of Seniority

a. The seniority standings of Employees in a given department shall be kept


on file in that department and the Local Union Zone Grievance
Committeeman or Grievance Chair shall have access to the file in
connection with any grievances.

b. The Company shall post in each department, on a bulletin board


maintained for that purpose, the Plant Service date of all Employees in
that department.

10. Permanent Vacancies and Transfer Rights

a. An Employee who is assigned to a job for purposes of retention shall not


be able to effectuate a permanent transfer to that unit by refusing a recall
to his/her home unit. However, nothing contained herein shall preclude
such an Employee from effectuating a permanent transfer by bidding for a
permanent vacancy in such a unit or any other unit in accordance with
established procedures.

b. A permanent vacancy shall be filled from within the first step of


competition (whether it be unit, line of progression, etc.). Each succeeding
vacancy shall be filled in the same manner, and the resulting vacancy in
the entry level job shall thereafter be filled on a departmental basis (the
second step of competition) by Employees with at least six (6) months of
Plant Service on the date the vacancy is posted.

c. Resulting entry level departmental vacancies shall be filled on a plant-


wide basis (the third step of competition) by Employees with at least
twelve (12) months of Plant Service on the date the vacancy is posted. An
Employee transferring under Article Eight, Section D (Interplant Job
Opportunities) shall be eligible to bid on vacancies notwithstanding the

47
twelve (12) months of Plant Service requirement set forth in Paragraph
10(b) above.

d. As an exception to the procedures for filling vacancies provided for in


Paragraphs 10(b) and (c) above, all permanent vacancies in craft trainee
jobs shall be filled on a plant-wide basis from among qualified bidding
Employees. Similarly, permanent vacancies in craft jobs which are not
filled by the promotion or assignment of trainee graduates, or by the
transfer of a craft Employee from one unit to another within the same
trade or craft, shall be filled on a plant-wide basis from among qualified
bidding Employees. An Employee shall not be disqualified from bidding
on any such vacancy by reason of any minimum length of service
requirement.

e. Should the Company deem it necessary to retain an Employee on his/her


former job in order to continue efficient operation, it may do so, for a
maximum of sixty (60) days, on the basis of establishing such Employee
on the new job and temporarily assigning him/her to his/her former job
until a suitable replacement can be trained for the job or its performance is
no longer required. In such event, after two (2) weeks of being delayed the
Employee shall be entitled to earnings not less than what s/he would
have made had s/he been working on the new job on which s/he has
been established and, where applicable, shall be paid as though such
hours were credited to any trainee program. In addition, should the
Company not assign the Employee to the new job on the sixty-first (61st)
day, all subsequent hours worked will be calculated at overtime rates until
the Employee is assigned to the new job.

f. If an Employee accepts transfer under this Paragraph, his/her Continuous


Service in the unit from which s/he transfers will be canceled thirty (30)
days after such transfer; provided, however, that during such thirty (30)
day period the Employee may voluntarily return to the unit from which
s/he transferred or the Company may return him/her to that unit because
s/he cannot fulfill the requirements of the job or the need for the position
is deemed not necessary within thirty (30) days of the date of transfer.

g. In the event an Employee accepts transfer under Paragraph 10 and


remains on the new job for more than thirty (30) days, s/he may not again
apply for transfer for one (1) year after such transfer.

h. In the event an Employee refuses a transfer under Paragraph 10 after


applying therefore, or voluntarily returns to the unit from which s/he

48
transferred, s/he may not again apply for transfer to such unit for one (1)
year after such event.

11. Compensation for Improper Layoff or Recall

In the event of improper layoff or failure to recall an Employee in accordance


with his/her seniority rights, the Employee shall be made whole for the period
during which s/he is entitled to retroactivity.

Section F. Testing

1. Where tests are used as an aid in making pre-selection determinations of the


ability to perform the work, such a test must in all events be:

a. job related;

b. in accordance with Article Four, Section A (Non-Discrimination);

c. uniformly applied within each respective plant; and

d. based on the passing grade that is required to determine ability to perform


the work.

2. A job related test, whether oral, written or in the form of an actual work
demonstration, is one which measures whether an Employee can satisfactorily
meet the specific requirements of that job including the ability to absorb any
training which may necessarily be provided in connection with that job.

3. Testing procedures shall in all cases include notification to an Employee of any


deficiencies and an offer to counsel how to overcome the deficiencies.

4. Where, in accordance with this Agreement, a test is used by the Company as an


aid in making a determination of the Employee’s ability to perform the work and
where the use of the test is challenged in the grievance procedure, the following
shall pertain:

a. The Company will furnish to a designated representative of the


International Union either the test itself or examples of test questions,
certified by a testing agency as equivalent in any relevant respects to
questions used in the disputed test and sufficient in number to evaluate
the test, and all such background and related materials as may be relevant
and available. In cases where all or part of the test is non-written, a
complete description of the test shall be provided along with all such
background and related materials as may be relevant and available.

49
b. All such test questions and materials will be held in strictest confidence
and will not be copied or disclosed to any other person; provided that
such test questions and materials may be disclosed to an expert in the
testing field for the purpose of preparing the Union’s position in the
grievance procedure and to an arbitrator, if the case proceeds to that step.
All test questions and materials will be returned to the Company
following resolution of the dispute.

c. Copies of transcripts and exhibits presented in the arbitration of cases


involving the challenge to a test will also be held in confidence and will
not be copied or otherwise published.

Section G. Permanent Closures

1. Before the Company decides to permanently close or discontinue a plant,


department or substantial portion thereof (a Closure), it shall give the Union
advance written notice at least ninety (90) days prior to the proposed Closure
date. Along with such notice, the Co mpany shall provide the Union with a
detailed statement of the reasons for the proposed action, all information on
which the proposed decision is based and how and where the work which was
performed at the closed unit will be performed.

2. Thereafter, the Company will meet with appropriate Union representatives in


order to provide them with an opportunity to discuss the Company’s proposed
course of action, provide the Union with any additional requested information
and bargain in good faith over any suggested alternatives.

3. No less than thirty (30) days prior to the Closure date, the Company shall advise
the Union of its final decision, which decision shall be the exclusive function of
the Company.

4. Any Employee affected by a Closure shall, after exercising any rights to which
s/he may be entitled, may be placed on layoff in accordance with this
Agreement.

Section H. Manning of New Facilities

1. In the manning of jobs at new facilities in existing plants, the jobs shall be filled
by qualified Employees who apply for such jobs in the order of length of Plant
Service from the following categories in the following order but subject to the
other provisions of this Section:

50
a. Employees displaced from any facility being replaced in the plant by the
new facilities;

b. Employees otherwise displaced as a result of the installation of the new


facilities;

c. Employees presently employed on like facilities in the plant;

d. Employees presently on layoff from like facilities in the plant; and

e. Employees in the plant with two (2) or more years of Plant Service;
provided, that if sufficient qualified applicants from this source are not
available, the Company shall fill the remaining vacancies as it deems
appropriate.

2. The local parties shall meet to seek agreement on the standards to be used to
determine the qualifications entitling Employees otherwise eligible to be
assigned to the jobs in question.

3. Should the local parties fail to agree on the standards for determining
qualifications, an applicant otherwise eligible must have:

a. the necessary reasonable qualifications for performing the job or the


ability to obtain such qualifications with a reasonable amount of training,
such training to be provided by the Company;

b. the ability to absorb any additional training for the job as is necessary to
enable the Employee to perform the job satisfactorily; and

c. the necessary qualifications to progress in the promotional sequence


involved to the next higher job to the extent that the Company needs
Employees for such progression. In determining the necessary
qualifications to advance in the promotional sequence involved, the
normal experience that an Employee would acquire in such sequence shall
be taken into consideration; provided, however, it is recognized that the
Company can require that a sufficient number of occupants of each job in
a promotional sequence be available to assure an adequate number of
qualified replacements for the next higher job.

4. Should the Company deem it necessary to assign an Employee to his/her regular


job at the old facility in order to continue its efficient operation, it may do so, for
a maximum of sixty (60) days, on the basis of establishing the Employee on the
new job and then temporarily assigning him/her back to his/her former job until

51
a suitable replacement can be trained for the job or its performance is no longer
required. In such event, the Employee shall be entitled to earnings not less than
what s/he would have made had s/he been working on the new job.

Section I. Adjustment of Grievances

1. Purpose

Should any differences arise between the Company and the Union as to the
interpretation or application of, or compliance with, the provisions of this or any
other Agreement between the Company and the Union, prompt and earnest
efforts shall be made to settle them under the following provisions.

2. Definitions

a. Grievance shall mean a complaint by the Union which involves the


interpretation or application of, or compliance with, the provisions of this
or any other Agreement between the Company and the Union.

b. Day as used in this Section shall mean a calendar day, excluding


Saturdays, Sundays and holidays.

3. Grievance Procedure

An Employee may informally discuss a complaint with his/her supervisor, with


or without his/her Grievance Committeeman (Griever) being present. However,
if the Employee wishes to use this grievance procedure, s/he shall report the
matter to his/her Griever, who must refer it to Step 1 of the grievance procedure
by completing a grievance form and submitting it to the Employee’s supervisor
within thirty (30) days of the date on which the Employee first knew or should
have known of the facts which gave rise to the grievance.

The grievance form shall be signed by the Griever and the Employee. The
supervisor shall sign and date the grievance form and return a completed copy
to the Griever.

a. Step 1 – Oral

(1) A grievance received in Step 1 shall be discussed at a meeting with


the Grievance Committeeman from the area and/or the Griever,
the grievant and the grievant’s supervisor at a mutually convenient
time within five (5) days of receipt of the grievance form.
Management may call any non-represented employee as a witness

52
to provide testimony and/or evidence to the meeting. The Union
may call any USW represented Employee as a witness to provide
testimony and/or evidence to the meeting.

(2) The supervisor shall answer the grievance no later than three (3)
days after the Step 1 hearing. If settled in Step 1, the grievance
form shall be so noted and signed and dated by the Griever, the
Grievance Committeeman and the grievant’s supervisor.

(3) If not settled or withdrawn in Step 1, the Union shall, within five
(5) days of the Company’s Step 1 response, provide the Company
with a written record, signed by the Grievance Committeeman, of
the grievance, including the grievance number, a statement of the
grievance, the Union’s understanding of the facts, its position and
the reasons therefor, the remedy requested and the date submitted.

(4) Upon receipt, the Company shall, within three (3) days, provide the
Grievance Committeeman and the Chair of the Union’s Grievance
Committee (the Grievance Chair) with its version of the written
record of the grievance, signed by the Company, with the same set
of information required of the Union. These two (2) completed
forms shall comprise the Step 1 written record.

b. Step 2 – Written

(1) In order to be considered further, a grievance shall be appealed by


the Grievance Chair to the head of the grievant’s department
within five (5) days of receipt of the Step 1 written record.

(2) Such grievance shall be discussed within five (5) days at a meeting
with the grievant, the involved Grievance Committeeman, the
Grievance Chair, the grievant’s supervisor and the involved
department head. Management may call any non-represented
employee as a witness to provide testimony and/or evidence to the
meeting. The Union may call any USW represented Employee as a
witness to provide testimony and/or evidence to the meeting.

(3) In Bargaining Unit Work or safety grievances, a representative of


the relevant committee shall also be present.

(4) The department head shall provide the Grievance Chair with a
written response (the Step 2 Answer) to the grievance within three
(3) days of the Step 2 meeting.

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(5) Unless the Grievance Chair informs the department head in writing
that the grievance is settled or withdrawn on the basis of the Step 2
Answer, the Company shall, within five (5) days of providing the
Step 2 Answer, provide the Grievance Chair with Step 2 minutes
for the grievance which shall include: the date and place of the
meeting; names and positions of those present; the number and
description of the grievance discussed; background information
and facts; a statement of the Union’s position as understood by the
Company; and a statement of the Company’s position including its
response to all claims, points of evidence, testimony and arguments
presented by the Union as well as Company testimony and
evidence, including past grievances and/or arbitration awards and
the decision reached.

(6) If the Grievance Chair disagrees with the accuracy of the minutes,
s/he shall submit a signed written response to the Company within
five (5) days of the receipt of the Step 2 minutes.

(7) The Company shall send a copy of its version of the Step 2 minutes
and any Union response to the designated representative of the
International Union (the International Rep) and the Grievance
Chair immediately upon its receipt of the Union response.

c. Step 3 – Written

(1) The International Rep shall send a written appeal of a Step 2


Answer to the Plant General Manager (the Company Step 3 Rep)
within five (5) days of the receipt of the Step 2 Minutes.

(2) The International Rep, the Grievance Chair and the Company Step
3 Rep shall meet at a mutually acceptable time within ten (10) days
of the Company’s receipt of the International Rep’s appeal.

(3) Grievances discussed at such meeting shall be answered in writing


and sent to the International Rep within five (5) days after such
meeting.

(4) The International Rep may appeal a grievance to arbitration by


sending a written notice to the Board of Arbitration and the
Company Step 3 Rep within ten (10) days of the Union’s receipt of
the Step 3 written answer.

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4. General Provisions

a. The Company shall provide reasonable forms for filing and appealing
grievances and documenting the Step 1 and Step 2 written records.

b. The Company and the Union shall provide each other with updated
written lists of their Step 1, Step 2 and Step 3 representatives and their
designees who shall have the authority to settle grievances at their
respective steps and, for the grieving party, to withdraw or appeal such
grievances.

c. At each Step of the grievance procedure the parties shall provide a full
and detailed statement of the facts and provisions of the Agreement relied
upon and the grieving party shall provide the remedy sought. Facts,
provisions or remedies not disclosed at or prior to Step 3 of the grievance
procedure may not be presented in arbitration.

d. The settlement or withdrawal of a grievance prior to arbitration shall be


without precedent or prejudice to either party’s position.

e. Any grievance filed directly in Step 2 or higher shall be initiated within


thirty (30) days of the event upon which the grievance is based, or the date
on which such event should reasonably have become known.

f. Except as otherwise provided in the BLA, all grievances shall be initiated


at Step 1 and grievances which are not initiated in the proper step shall be
referred there for processing.

g. A single grievance may be processed with the facts of additional


violations presented as well. Additi onal claimants shall sign a special
form to be supplied by the Company for this purpose. When the original
grievance is resolved the additional claims shall be reviewed in light of
the resolved grievance. If the additional claims are not settled, they shall
be considered as grievances and processed accordingly.

h. In the case of a grievance that involves a large group of Employees, a


reasonable number may participate in any discussion of the grievance.

i. In any settlement involving cash payments, payment not made within


thirty (30) days will accrue interest from the date of settlement at the same
rate as established at the local Federal Credit Union.

j. If, for any reason, the time limits specified in Paragraph 3 above for:

55
(1) meetings between the parties are not met, the grievance shall be
considered denied as of the last day within the time limit for such
meeting and the appropriate Union representative shall have the
right to move the grievance to the next step;

(2) the Union to act are not met, the grievance shall be considered
withdrawn; or

(3) the Company to act are not met, then the grievance shall be
considered granted with the requested appropriate contractual
remedy to the grieving party.

k. An Employee who is summoned to meet with a supervisor or any other


representative of the Company for the purpose of discussing possible
disciplinary action shall be entitled to be accompanied by his/her Griever
and if the Griever is not then available, the meeting shall be deferred.

l. No Employee shall be required to submit to a lie detector test. The results


of lie detector tests will not be used by the Company or the Union.

m. Notwithstanding anything to the contrary, the grievance procedure may


be utilized by the Union with or without an individual grievant. Such
grievances shall be filed in Step 2.

n. In the event an Employee dies, the Union may process his/her grievance
on behalf of his/her heirs.

o. The Chair of the Union Negotiating Committee, the District Director and
the International Rep shall have access to the plant at reasonable times to
investigate issues with which they are concerned.

p. The Company will pay for all lost time for the grievant and the designated
Union representative for participation in Steps 1, 2 and 3 of the grievance
procedure in accordance with standard local plant understandings.

5. Grievance Committee

a. The Union shall provide the Company with an updated written list of
individuals who comprise its Grievance Committee, including a chair and
a secretary. The number of members of the Committee at each Plant shall
be agreed upon by the Plant Manager and the Local Union President/Unit
Chair, but in no case shall there be less than three (3) nor more than ten

56
(10) members and no more than one member of the Committee shall be
from any one department (excluding the Grievance Chair). Committee
members will be afforded time off upon reasonable notice and approval
to:

(1) attend scheduled committee meetings;

(2) attend meetings pertaining to suspension or discharge or other


matters which cannot reasonably be delayed; and

(3) visit departments at reasonable times for the purpose of transacting


the legitimate business of the Grievance Committee after notice to
the head of the department to be visited and after reasonably
granted permission from his/her own department head if the
Grievance Committee member is at work.

b. Where the Grievance Committee so decides, the Griever may be


designated to aid the Committee. The Union shall provide the Company
with an updated written list of such individuals. Each Griever shall:

(1) be limited to the handling of grievances in Step 1 within the plant


unit represented by him/her; and

(2) upon reasonable notice to and reasonable approval by his/her


immediate supervisor, be afforded time off to investigate the facts
essential to the settlement of any grievances.

6. Board of Arbitration

a. The parties shall choose for the term for this Agreement a Board of
Arbitration (the Board) consisting of six (6) individuals. In the event of
the resignation, incapacity or death of a member of the Board the parties
shall promptly agree upon a successor. If the parties cannot agree on a
successor, each party shall submit three (3) names and use a “strike”
method to determine the final selection and a “flip of a coin” to determine
the party that “strikes” first.

b. The member of the Board (arbitrator) chosen in accordance with


Paragraph 7(a) below shall have the authority to hear and decide any
grievance appealed in accordance with the provisions of the grievance
procedure as well as disputes concerning the Insurance Agreement. The
arbitrator shall not have jurisdiction or authority to add to, detract from or

57
alter in any way the provisions of this Agreement or the Insurance
Agreement.

c. The Board, after consultation with the Company and the Union and
subject to the procedures described in this Paragraph, shall adopt rules
and regulations to govern its procedure and administration.

d. The decision of an arbitrator shall be final and binding upon the


Company, the Union and all Employees concerned.

e. In cases involving repeated violations of the same or similar provisions of


the Agreement, including the provisions of the grievance procedure, the
arbitrator shall fashion a remedy designed to significantly deter such
repeated violations.

f. Where the parties are in disagreement with respect to the meaning and
application of a decision, either party may apply to the Board for a
compliance hearing in accordance with rules that the Board shall
prescribe. Such application shall be given priority and be resolved by the
Board within thirty (30) days.

g. Expenses connected with specific cases shall be shared equally by the


Company and the relevant Local Union.

7. Arbitration Hearings

a. Thirty (30) days prior to the start of each calendar quarter the Director of
the USW Arbitration Department (or his designee) shall provide the
parties with a calendar listing hearing dates for that quarter and be
responsible for scheduling the hearings.

b. The hearings shall be scheduled as required at each location.

c. On each hearing date the parties shall, subject to the time available,
attempt to present all cases previously appealed to arbitration. The cases
shall be heard in the order in which they were appealed, provided that all
pending discharge cases shall be heard first.

d. Failure to present a case when it is called shall constitute withdrawal of


the grievance and failure to respond to a case when presented shall
constitute granting of the grievance and agreement to the remedy sought,
provided that a hearing may be postponed once if the arbitrator
determines that circumstances clearly require postponement.

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8. Rules for Hearings

a. The parties agree that the prompt resolution of cases brought to


arbitration is of the highest importance. Therefore, except as provided in
Paragraph 8(b) below, arbitration hearings shall be heard in accordance
with the following rules:

(1) the hearing shall be informal;

(2) no briefs shall be filed or transcripts made;

(3) there shall be no formal evidence rules;

(4) the arbitrator shall have the obligation of assuring that the hearing
is, in all respects, fair;

(5) the arbitrator shall issue a decision no later than two (2) days after
conclusion of the hearing. The decision shall include a brief written
explanation of the basis for the conclusion; and

(6) the Board shall adopt such other rules as it deems necessary.

b. In the event the Union or the Company believes that the issues involved
are of meaningful precedential significance or great complexity, it may
petition the arbitrator to allow the filing of briefs as follows:

(1) the moving party will notify the other party that it intends to so
argue at least seventy-two (72) hours prior to the start of the
hearing;

(2) the hearing shall begin with the arbitrator taking no more than
fifteen (15) minutes of testimony from each side on that issue;

(3) the arbitrator shall rule from the bench on the issue of whether
briefs may be filed and the hearing on the case shall commence
immediately thereafter; and

(4) if the arbitrator rules that briefs are to be allowed, then briefs shall,
without exception, be due within thirty (30) days of the close of the
hearing and the arbitrator’s decision shall be rendered within thirty
(30) days thereafter.

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c. The Company agrees that it shall not, in an arbitration proceeding
subpoena or call as a witness any bargaining unit Employee or retiree.
The Union agrees not to subpoena or call as a witness in such proceedings
any non-bargaining unit employee or retiree.

9. Suspension and Discharge Cases

a. No Peremptory Discharge

(1) Before imposing a discharge (which must be in accordance with


Paragraph 9(b) below) the Company shall give written notice of its
intent to the affected Employee and the Grievance Chair.

(2) Where the Union files a grievance protesting such intended


discharge within five (5) days of receipt of the notice, the Company
may impose no more than a suspension (which must be in
accordance with Paragraph 9(b) below) on such Employee prior to
completing the procedure referred to in Paragraph 3 below.

(3) The grievance protesting the intended discharge shall be filed at


Step 2 of the grievance procedure and the Step 2 Answer shall be
given prior to the Company converting the suspension to a
discharge. At the Step 2 meet ing the Company shall provide a
written statement fully detailing all of the facts and circumstances
supporting its proposed disciplinary action.

(4) In the event the Company does convert the suspension to a


discharge, the action shall be treated as a denial of the grievance at
Step 2 and the Union may thereupon move the case through the
balance of the grievance procedure.

b. Justice and Dignity

(1) In the event the Company imposes a suspension or discharge , and


the Union files a grievance within five (5) days after notice of the
discharge or suspension, the affected Employee shall remain on the
job to which his/her seniority entitles him/her until there is a final
determination on the merits of the case.

(2) This Paragraph will not apply to cases involving offenses which
endanger the safety of employees or the plant and its equipment,
including use and/or distribution on Company property of drugs,
narcotics and/or alcoholic beverages; possession of firearms or

60
weapons on Company property; destruction of Company property;
gross insubordination; threatening bodily harm to, and/or striking
another employee; theft; or activities prohibited by Article Five,
Section K (Prohibition on Strikes and Lockouts).

(3) When an Employee is retained pursuant to this procedure and the


Employee’s discharge or suspension is finally held to be for just
cause, the removal of the Employee from the active rolls shall be
effective for all purposes as of the final resolution of the grievance.

(4) When a discharged Employee is retained at work pursuant to this


provision and is discharged again for a second dischargeable
offense, the Employee will no longer be eligible to be retained at
work under these provisions.

c. Any case involving a suspension or discharge may be filed at Step 2 of the


grievance procedure.

d. The Company will not make use of any personnel records of previous
disciplinary action against the Employee involved where the disciplinary
action occurred two (2) years prior to the date of the event which is the
subject of suspension or discharge, except records relevant and necessary
to establish progressive discipline of the action in dispute, but in no event
longer than five (5) years.

e. Should the arbitrator determine that an Employee has been suspended or


discharged without just cause, the arbitrator shall have the authority to
modify the discipline and fashion a remedy warranted by the facts.

f. Nothing in these provisions shall restrict or expand the Company’s right to


relieve an Employee for the balance of such Employee’s shift under the
terms of the Agreement.

Section J. Management Rights

The management of the plants and the direction of the working forces, including the
right to hire, transfer and suspend or discharge for proper cause, and the right to relieve
employees from duty, is vested exclusively in the Company.

In the exercise of its prerogatives as set forth above, the Company shall not deprive an
Employee of any rights under any agreement with the Union.

61
Section K. Prohibition on Strikes and Lockouts

1. There shall be no strikes or work stoppages or the interruption or impeding of


work. No officer or representative of the Union shall authorize, instigate, aid or
condone any such activities. No Em ployee shall participate in any such
activities.

2. The applicable procedures of this Agreement will be followed for the settlement of
all complaints or grievances.

3. There shall be no lockouts.

Section L. Workforce Planning

1. The parties recognize that their shared goals of a highly productive and skilled
workforce, as well as continuity of operations, require thoughtful attention to hiring
decisions. Accordingly, in addition to any other provision of this BLA, the
Company agrees that it will develop workforce plans that ensure timely hiring of
additional Employees upon the occurrence of any of the following circumstances:

a. Anticipated attrition will result in a shortage of trained Employees in any


unit(s) of the plant.

b. Actual attrition results in a shortage of trained Employees in any unit(s) of


the plant.

c. Sustained high levels of overtime worked in any unit(s) of the plant


demonstrates that additional forces are needed to return to reasonable levels
of overtime.

2. Where attrition can be reasonably anti cipated the Company will, to the extent
practicable, complete the hiring process in sufficient time to provide training
such that the new Employee(s) will be capable of providing for uninterrupted
operations without resort to unreasonable overtime to cover the shortfall in
Employees.

62
ARTICLE SIX – JOINT EFFORTS

Section A. Partnership

1. Intent and Purpose:

The intent is to establish and maintain a Partnership which will provide the parties
the ability to achieve the following common partnership objectives:

a. improve health and safety


b. provide continued, permanent, rewarding employment
c. improve product quality
d. reduce operation / unit costs
e. improve productivity, efficiency of operation
f. improve quality of life in the working environment
g. increase the overall skills of employees
h. improve Company and Union relations at all levels
i. promote Employee involvement in solving problems and business
challenges

To allow the Company and the Union to fully function as partners, the parties will
fully and continually discuss issues that arise during the term of the Basic Labor
Agreement, including capital investment changes in the market or business
conditions, adjustments to business strategies and/or other work place changes.

2. Access to Information

The Company shall provide the Union and its advisors with:

a. full and continuing access to its short and long-term operating and
financial results and forecasts including inputs relevant to the
development of them;

b. the earliest practicable notification and continuing updates of any


contemplated material corporate transactions, including plans for capital
investment, mergers, acquisitions, joint ventures and new facilities to be
constructed or established;

c. Information and continuing updates on any proposed Workplace Change.

Access to and the use of this inform ation will be covered by a reasonable
confidentiality agreement.

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3. Comprehensive Training and Education Program

a. Company and Union representatives shall receive ongoing training


developed and conducted by their respective organizations in the
application of this Section.

b. Any training in the application of this Section that is attended by both


Employees and managers shall be jointly developed and implemented.

c. The Company shall fund all costs associated with training programs
referred to in this Section.

4. Mechanisms

The parties agree to the following to carry out this Section.

a. Strategic Labor Management Committee

(1) Appointment and Composition

A Joint Strategic Labor Manageme nt Committee (Strategic Committee)


shall be established consisting of for the Company: the Chief Executive
Officer, Vice President of Labor Relations and one (1) additional designee
and for the Union: the Chair of the Union’s Negotiating Committee, the
Secretary of the Union’s Negotiating Committee and one additional
designee.. Each side shall designate a Co-Chair and provide the other with
an updated list of its members of the Committee.

(2) Contract Coordinators

The Chair of the Union’s Negotiating Committee will appoint a


Partnership Contract Coordinator for each Division of ArcelorMittal USA.
The Union Partnership Coordinators will be Employees of the Company.
Partnership Coordinators will work with the Managers of each Division
and Local Union Presidents to ensure that the Partnership agreement is
proactively applied and managed at each location within the division.

(3) Meetings

The Strategic Committee shall meet as required. These meetings will be


for the purpose of reviewing and discussing the information described in
Section A. Partnership (it being understood that the Union Co-Chair will
be updated more timely/frequently regarding time-sensitive information)

64
as well as other information and updates reasonably requested by the
Union.

(4) Access to Board of Directors

The Union members of the Strategic Committee shall have the right to
appear before and be heard by the Board of Directors on matters of
concern to the Union.

b. Plant Labor Management Committees

(1) Appointment and Composition

The Local Union President and Plant Manager will be responsible to


ensure that the Partnership process at all levels of the business in each
location is properly implemented. Any unresolvable issues regarding the
Partnership may be referred to the Negotiation Co-Chairs to be addressed.

The parties shall establish a Plant Partnership Committee at each of the


Company’s facilities. The Plant Partnership Committee shall be composed
of three (3) Union representatives who are Employees of the Company
and an equal number of Company representatives. The Company
members of each Plant Partnership Committee shall include the Plant
Manager (who shall serve as the Company Co-Chair). The Company
Members of the Committee shall be selected and serve at the pleasure of
the Plant Manager. The Union members of each Plant Partnership
Committee shall include the Local Union President/Unit Chair (who shall
serve as the Union Co-Chair). The Union Members of the Committee shall
be selected and serve at the pleasure of the Local Union President/Unit
Chair at the plant.

(2) Meetings

The Plant Committee shall meet at least monthly. These meetings will be
for the purpose of reviewing and discussing information concerning the
operations, results and outlook for the Company, with emphasis on the
particular facility, as well as information concerning Workplace Changes.

Each quarter or as required by the Negotiation Co-Chairs and no less


frequently than the Annual Meetings described 5(e) below, the Local
Union President and Plant Manager shall report out on the state of the
Partnership Process at their location. The report out will include such key
measures as grievances statistics, workforce participation, communication

65
of continuous improvements and other subjects as described in A. 1.
above.

c. Area Labor Management Committees

(1) The Plant Committee shall es tablish Area Labor Management


Committees (Area Committees) in specific departments, operational units
or divisions. The Area Committee Co-Chair for the Union shall be the
Grievance Committeeman/Committeemen for the area(s). The Co-Chair
for the Company shall be the Division Manager for the area (or his/her
designee). Additional members of the Area Committee shall be drawn
equally from the Company and Union. The Local Union President/Unit
Chair (or designee) and the Plant Manager (or designee) may attend
meetings of the Area Committees.

(2) The Area Committees shall provide a forum for exchange of


information and discussion of issues related to operations and Workplace
Changes.

d. Problem Solving Teams

The Plant Committee or an Area Committee may create one or more


Problem Solving Teams to study, address and report back on specific
problems mutually agreed to by the Co-Chairs.

e. Company-Wide Meetings

(1) In each calendar year the parties will hold a two (2) day meeting (the
first day for separate meetings for preparation) in proximity to a
Company facility to review and discuss the information described in
Paragraph 2 (Access to Information), above with the Union’s leadership at
the plants, Districts and International and the progress of the Partnership
in achieving it’s intent and purpose, (Section 1).

(2) The Strategic Committee shall agree on a level of disclosure


appropriate for the group.

(3) Union participants shall include the Chair of the Union Negotiating
Committee, Secretary of the Union Negotiating Committee, Local Union
Presidents/Unit Chairs, Grievance Committee Chairs (or their designees)
Contract coordinators at each of the Company’s facilities and such others
that the union designates. Compan y participants shall include the

66
Company’s officers, Plant Managers and such others as the Company may
designate.

5. Workplace Change

a. The Plant Committee and relevant Area Committee shall be provided


with the earliest practicable notification of any plan to significantly
modify or change in any way machinery, equipment, controls,
materials, software, work organization or any other work process that
could directly or indirectly impact Employees (a Workplace Change).
Such notification shall include:

(1) a description of the purpose, function and established timetable of the


Workplace Change, and how it would fit into existing operations and
processes;

(2) the estimated cost of the proposed Workplace Change including


justification;

(3) disclosure of any service or maintenance warranties or contracts


provided or required by the vendor (if any);

(4) the number and type of jobs (both inside and outside the bargaining
unit) which would be impacted;

(5) the anticipated impact on the skill requirements of the workforce;

(6) details of any training programs connected with the Workplace


Change (including duration, content and who will perform the training);
and

(7) the expected impact on job content, method of work, safety and health,
training needs and the utilization of Outside Entities.

b. Union representatives on the Plant Committee and the relevant Area


Committee may request and shall receive reasonable access to Company
personnel knowledgeable about any proposed Workplace Change in
order to review, discuss and receive follow-up information.

6. Safeguards and Resources

67
a. No entity created under this Section may amend or modify the Basic
Labor Agreement, recommend or affect the hiring or discipline of any
Employee or take any action with respect to contractual grievances.

b. Service on any entity created under this Section shall be voluntary, and
no Employee may be disciplined for lack of involvement or
commitment to the matters covered under this Section.
c. Employee participation or training contemplated in this Section shall
normally occur during normal work hours.
d. At the mutual invitation of the Co-Chairs of any committee created
under this Section, appropriate Union representatives and Company
representatives may attend a committee meeting.
e. All meeting time and necessary and reasonable expenses associated
with any committee created under this Section shall be paid for by the
Company and Employees attending such meetings in accordance with
standard local plant understandings.
f. Joint committees may mutually agree to employ experts from within
or outside the Company as consultants; advisors or instructors and
such experts shall be jointly selected and assigned.
g. All Union participants involved in any and all joint activities under
this Section or in any other joint committee involving members of a
Union bargaining unit, shall be chosen and removed from the process
exclusively by the relevant Local Union President/Unit Chair and the
Chair of the Union Negotiating Committee.
h. All current improvement, involvement and joint programs will be
restructured to be consistent with this Section. Following the Effective
Date, new improvement programs involving Employee participation
may not be implemented without approval of the Union and, where
implemented, shall operate in a manner consistent with this Section.
i. This Section shall in no way diminish the Union’s collective bargaining
rights regarding changes in technology and work organization that
impact Employees.

Section B. Public Policy Activities

1. The Company and Union hereby agree to establish a jointly administered public
policy fund (Public Policy Fund) meeting the following guidelines.

a. Purpose and Mission: The purpose of the Fund shall be to:

(1) support public policies promoting the interests of the Company and the
Union on such subjects as health care, legacy costs, international trade,
currency valuation, and other public policy issues of importance to the
parties;

68
(2) to contribute to and promote greater cooperation between labor and
management; and

(3) to assist the Company and Union in solving problems of mutual concern
that are not susceptible to resolution through collective bargaining.

b. The Public Policy Fund will pursue its mission through labor-management
cooperative endeavors such as public and political education, issue advocacy,
research, and the coordination of such activities with other like-minded
groups.

c. The Fund will have a six-person Governing Committee. The Company


representatives shall include the Chief Executive Officer of the Company, (or
his/her designee ). The Union representatives shall include the International
President of the USW or his designee, the Secretary of the Union’s Basic Steel
Industry Conference and the USW District Director serving as the Chair of the
Union Negotiating Committee.

d. The Public Policy Fund will be financed

by an accrual of $0.12 for each ton of steel shipped to third parties by the
Company facilities covered by this Agreement.

e. All activities of the Public Policy Fund shall be subject to approval by the
Governing Committee, provided that :

(1) In the event that the Union members of the Governing Committee
propose that the Union or its designee take responsibility for any or all
aspects of the content, administration, delivery or implementation of any
programs or activities conducted under the auspices of the Fund, the
Company Members of the Governing Committee shall give recognition to
the special advantages that such Union responsibility would contribute to
such programs or activities, including but not limited to the knowledge
and experience of the Union, the familiarity of the Union with target
audiences, and the added credibility that Union responsibility would add
to such programs or activities.

(2) The document creating the Governing Committee will contain a


procedure for the quick and binding resolution of any dispute over the
administration, delivery, or implementation of programs or activities
conducted under the auspices of the Fund.

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2. Stand Up For Steel

a. The Company agrees to join the Stand Up For Steel Labor/Management


Committee (Stand Up For Steel) effective on the Effective Date.

b. The parties agree that Stand Up for Steel will serve as a focal point for
industry-wide joint activities in combating unfair trade in steel and related
products and other subjects as agreed to by the parties. The parties will
continue to pursue other activities separately as appropriate and the funding
and structure contemplated herein shall not be applicable to litigation to
enforce the nation’s trade laws.

c. Stand Up For Steel will have a Governing Board consisting of an equal


number of Union and company representatives. The Board will be co-chaired
by the President of the USW and a CEO selected by the participating
companies.

d. All activities conducted under the banner of Stand Up For Steel shall be
approved by the Governing Board.

e. The parties will jointly recruit all American steel (carbon and stainless) and
iron ore companies and others to join the organization under the terms
described in this Section. The Company agrees to work with the other
participating companies so that the company representatives on the
Governing Board will represent the interests of all participating companies.
3. Energy Efficiency and Carbon Emissions Task Force

a. The purpose of the Task Force shall be to work jointly to identify,


analyze, and make recommendations regarding ways to conserve
energy, improve energy efficiency and reduce green house gas
emissions at the operating facilities of the Company.

b. The Task Force shall work in conjunction with the joint efforts of the
Parties on legislative initiatives related to the issues, as directed by the
Public Policy Governing Committee.

c. Two Employees from each plant shall be jointly selected by the Chairs
of the Negotiating Committee to work in conjunction with
representatives from the Company’s Environmental and Energy
Management programs at each plant for the purpose of pursuing the
activities set forth herein.

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Section C. Contract Coordinators

In this BLA, the parties have committed themselves to a number of joint undertakings
crucial to the success of the Company, its Employees and the Union. In recognition of
the crucial role being served by the Union in accomplishing the joint goals of the
parties, the parties agree as follows:

1. The Chair of the Union Negotiating Committee shall select and direct twelve (12)
Contract Coordinators, who shall be responsible throughout the Company for
implementation and ongoing monitoring of joint undertakings of mutual interest
to the Company and the Union. It is expected that Contract Coordinators will
visit each of the Company’s locations on a regular basis in the performance of
their duties.

2. Each Contract Coordinator shall be an Employee of the Company. The Contract


Coordinator shall be compensated by the Company in the amount of the
appropriate wages, benefits and other fringe benefits s/he would have earned
during his/her normal course of employment with the Company, but for this
assignment. In addition, each Contract Coordinator shall be reimbursed for
reasonable out-of-pocket expenses including, but not limited to, travel (coach
airfare, hotel and per diem) incurred in connection with this assignment and as
reasonably agreed to by the Company and the Union in advance of incurring
such expense. In order to receive such lost time payments and expense
reimbursements, supporting vouchers must be provided by the Contract
Coordinator.

Section D. New Employee Orientation

1. The parties agree that within one-hundred eighty (180) days of the Effective Date
they shall jointly develop an Employee Orientation Program which shall include
the following:

a. an introduction of plant Company officials, International Union officials


and Local Union representatives as may be appropriate;

b. distribution and discussion of the BLA, including any relevant local


agreements;

c. discussion of safety and health programs and safe working procedures;

d. presentation and discussion on labor-management participation, problem


solving, communications and the role of the Union and the workforce in
quality and customer satisfaction;

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e. discussion of the history and achievements of the United Steelworkers of
America and the particular Local Union;

f. discussion of the structure of the United Steelworkers of America and the


particular Local Union and the services that are provided by the various
offices and committees;

g. presentation on the history of the Company and plant;

h. review of the markets in which the Company participates, the products


produced and the customers serviced; and

i. discussion of the structure of the Company, the plant organization and the
functions and services that are provided by the various departments.

2. This program shall be jointly presented, on Company time, to each Employee of


the Company during the one (1) year period following the Effective Date and to
each Employee hired thereafter within their probationary period. The Union will
be allotted a portion of the program to address the Employees.

3. All costs associated with developing this Program shall be borne by the
Company.

4. In addition the Company shall compensate each Employee at their Regular Rate
of Pay, within the same timeframe as the joint orientation described above, to
attend an orientation session conducted by the Contract Coordinators at a
location designated by the Union.

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ARTICLE SEVEN – TRAINING

Section A. Workforce Training Program

1. Commitments

The parties are committed to:

a. the Company’s workforce being sufficiently skilled so that all Bargaining


Unit Work can be performed in accordance with this Agreement by
Employees; and

b. Employees receiving sufficient training to allow for all reasonable


opportunities to progress within the workforce and maximize their skills
to the greatest extent possible.

c. multi-skilled, multi-functional training and upgrading of skills in order to


achieve a safe workplace and full utilization of the workforce.

d. maximize training resources and use of skills on the job.

2. Plant Training Committees

a. Appointment and Composition

The parties shall establish a Plant Training Committee at each of the


Company’s facilities. The Plant Training Committee shall be composed of
three (3) Union representatives who are Employees of the Company and
an equal number of Company representatives. The Company members of
each Plant Training Committee shall include the Human Resource
Representative responsible for Training (who shall serve as the Company
Co-Chair). The Company Members of the Committee shall be selected
and serve at the pleasure of the Plant Manager. The Union members of
each Plant Training Committee shall include the Union Training
Coordinator (who shall serve as the Union Co-Chair). The Union
Members of the Committee shall be selected and serve at the pleasure of
the Local Union President/Unit Chair at the plant.

b. Staff

Each Plant Training Committee shall have one (1) full time Training
Coordinator who will be responsible for coordination and oversight of the
Training Program. The Training Coordinator will be an Employee
selected by and serving at the pleasure of the Chair of the Union

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Negotiating Committee and the Vice President of Labor Relations, it being
understood that the Union Committee Chair shall consult with the Local
Union President(s)/Unit Chair(s) at the plant of the Company. The
Training Coordinator shall be compensated in the same manner as the
Contract Coordinators referred to in Article Six, Section C of this
Agreement.

3. Annual Study of Workforce Training Needs

By January 15th of each year the Plant Training Committee shall complete a plan
(Plan) to meet the expected training needs of the workforce over the term of the
Agreement, given the Commitments outlined in Paragraph 1 above. Such Plan
shall include Findings and Recommendations as described below.

a. Findings

(1) an age and service profile and the anticipated attrition rates of the
workforce over the life of the Agreement;

(2) an assessment of the current skill requirements (both competencies


and force levels) of the plant, the availability of such skill
requirements within the existing workforce and any training
practices or programs necessary to bring the competencies and/or
force levels of the current workforce into prompt conformity with
the plant’s current skill requirements;

(3) an evaluation of the appropriateness of existing training programs


and the necessity of developing additional training programs,
giving due consideration to changing technology and future skill
needs;

(4) an examination of current overtime levels and an assessment of


whether Employees in certain positions are working excessive
overtime;

(5) an examination of methods by which productivity can be improved


through additional training of Employees;

(6) an examination of the plant's business plan, including projected


capital spending, planned or potential new technology or
technological change and other relevant factors over the term of the
Agreement; and

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(7) an assessment of the work practices and the training practices at the
plant, as compared to those of other steel producers represented by
the Union.

(8) an analysis of the achievements and expectations of the previous


year’s Plan.

(9) an estimate of the necessary resources required to implement the


Plan.

b. Recommendations

Based on its Findings, the Plant Training Committee shall develop a


comprehensive training program, including a detailed implementation
plan and all necessary resources for administration, implementation,
delivery and evaluation (Training Program) designed to, on a practical
and timely basis, meet the commitments outlined in Paragraph 1 above.

c. Update

Each year the Plant Training Committee shall prepare an Update that
reviews the Findings and modifies them based on changed circumstances,
measures the success of the Training Program against its objectives and
modifies the Training Program accordingly.

d. Separate Statements

The Plan and each Update will include separate statements by the parties
with respect to any Finding or Recommendation as to which they
disagree.

4. Action by the Chairs of the Negotiating Committee

a. Within thirty (30) days of receipt of the Plan or an Update, the Chair of the
Union Negotiating Committee and the Chair of the Company Negotiating
Committee shall approve a Training Program or Update (including
modifications upon which they can agree) or submit those matters on
which they do not agree to an Arbitrator, pursuant to procedures to be
agreed upon by the parties.

b. The dispute will be resolved on the basis of a final offer submission by the
parties at a hearing. The arbitrator will determine which of the

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submissions best meets the Commitments outlined in Paragraph 1 above,
in light of the Findings referred to in Paragraph 3(a) above. The arbitrator
shall have the power to determine the procedures pursuant to which the
hearing is conducted.

5. Administration and Union Role

a. In accordance with Section A1. and to facilitate the provisions of Section


3b. of this Article, each Plant Training Committee shall jointly oversee the
administration and delivery of its Training Program, the expenditure of
Company funds necessary for its operation, and an annual audit of such
activity.

b. In the event that the Union members of the Plant Training Committee
propose that the Union or its designee take responsibility for any or all
aspects of the administration, delivery, or implementation of the Training
Program, the Company members of the Committee shall give recognition
to the special advantages that such Union responsibility would contribute
to the Training Program, including but not limited to the knowledge of
the Union concerning the Program and its development, the familiarity of
the Union with the capabilities and learning styles of Employees, and the
added credibility that Union responsibility would add to the Program.
Any dispute over aspects of the administration, delivery, or
implementation of the Program shall be a matter for resolution under
paragraph 7 below.

6. Safeguards and Resources

a. The Company shall provide the members of the Plant Training Committee
and the Training Coordinator with such training as is necessary to enable
them to perform their responsibilities under this Section with a high
degree of competence. Employee part icipation in the Plant Training
Committee shall normally occur during normal work hours. All meeting
time and necessary and reasonable expenses of the Plant Training
Committee shall be paid for by the Company and Employees attending
such meetings shall be compensated in accordance with standard local
plant understandings.

b. Union members of the Plant Training Committee shall be entitled to


adequate opportunity on Company time to caucus for purposes of study,
preparation, consultation and review, and shall be compensated in the
same manner as set forth in Paragraph (a) above. Requests for caucus

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time shall be made to the appropriate Company representative in a timely
manner, and such requests shall not be unreasonably denied.

c. To the extent that Company facilities are available and appropriate for
Training Program activities, they will be made available.

7. Dispute Resolution

In addition to the matters covered by the dispute resolution procedure described


in Paragraph 4 above, in the event that the Plant Training Committee is unable to
reach agreement on any matter involving the Training Program, the Plant
Training Committee shall appoint the arbitrator referred to in Paragraph 4(a) to
resolve such dispute. The further details of this procedure shall be as agreed to
by the Plant Training Committee unless they are unable to reach such agreement,
in which case they shall be determined by the arbitrator.

Section B. Institute for Career Development

1. Establishment

The Union and the Company hereby establish the USW/ArcelorMittal Institute
for Career Development (the Institute) which, in conjunction with similar
programs negotiated by the Union with various other employers, will be
administered under the rules and procedures of the Institute for Career
Development (ICD).

2. Purpose

The purpose of the Institute is to provide resources and support services for the
education, training and personal development of the Employees of the
Company, including upgrading their basic skills and educational levels.

3. Guiding Principles

The Institute and ICD shall be administered in a manner consistent with the
following principles:

a. workers must play a significant role in the design and development of


their jobs, their training and education and their working environment;

b. workers should be capable of reacting to change, challenge and


opportunity and this requires ongoing training, education and growth;
and

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c. worker growth and development can only succeed in an atmosphere of
voluntary participation in self-designed and self-directed training and
education.

4. Financing

The Institute will be financed by $0.15 for each hour worked by all Employees.
The parties will also seek and use funds from federal, state and local
governmental agencies.

5. Administration

a. The Institute will be administered jointly by the Company and the Union
in accordance with procedures, rules, regulations and policies agreed to
by the parties.

b. Training is separately provided for in the Agreement. The Company may,


however, contract with the Institute to provide services and resources in
support of such training.

c. The Company agrees to participate fully as a member of ICD in


accordance with policies, rules and regulations established by the ICD.
The Company’s financial contributions to the Institute will continue to be
separately tracked. ICD will continue to be under the joint supervision of
the Union and participating employers with a Governing Board consisting
of an equal number of Union and employer appointees.

6. Reporting, Auditing, Accountability and Oversight

The following minimum requirements shall govern reporting, auditing,


accountability and oversight of the funds provided for in Paragraph 4.

a. Reporting

(1) For each calendar year quarter, and within thirty (30) days of the
close of such quarter, the Company shall account to the ICD, the
International Union President and the Chair of the Union
Negotiating Committee for all changes in the financial condition of
the Institute. Such reports sha ll be on form(s) developed by the
Institute broken down by plant and shall include at least the
following information:

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(a) The Company's contribution, an explanation thereof and the
cumulative balance; and

(b) a detailed breakdown of actual expenditures related to


approved program activities during said quarter.

(2) The Union Co-Chairs of each of the Local Joint Committees shall
receive a report with the same information for their plant or Local
Union, as the case may be.

b. Auditing

The Company or the Union may, for good reason, request an audit of the
Company reports described in Paragraph 6(a) above and of the
underlying Institute activities made in accordance with the following: (1)
the Company and the Union shall jointly select an independent outside
auditor; (2) the reasonable fees and expenses of the auditor shall be paid
from ICD funds and (3) the scope of audits may be Company-wide, plant-
specific, or on any other reasonable basis.

c. Approval and Oversight

Each year, the Local Joint Committees shall submit a proposed


training/education plan to the Chairs of the Union and Company
Negotiating Committees or their designees. Upon their approval, said
plans shall be submitted to the Institute. The Institute must approve the
plan before any expenditure in connection with any activities may be
charged against the funds provided for in this Agreement. An
expenditure shall not be charged against such funds until such
expenditure is actually made.

7. Dispute Resolution Mechanism

a. Any dispute regarding the administration of the Institute at the Company


or plant level shall be subject to expedited resolution by the Chairs of the
Union and Company Negotiating Committees and the Executive Director
of ICD who shall apply the policies, rules and regulations of the
Governing Board and the provisions of this Section in ruling on any such
dispute. Rulings of the Executive Director may be appealed to the
Governing Board, but shall become and remain effective unless stayed or
reversed by the Governing Board.

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b. Within sixty (60) days of the Effective Date, the parties will develop an
expedited dispute resolution mechanism that resolves disputes within two
(2) weeks.

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ARTICLE EIGHT – EARNINGS SECURITY

Section A. Employment Security

1. Objective

The parties agree that it is in their mutual interest to provide all Employees, with
at least three (3) years of Continuous Service, with the opportunity for at least
forty (40) hours of pay each week.

2. Layoff Minimization Plan

The Company agrees that, prior to implementing any layoffs, it shall review and
discuss with the Union:

a. documentation of a clear and compelling business need for the layoffs


(Need);

b. the impact of the layoffs on the bargaining unit, including the number of
Employees to be laid off and the duration of the layoffs (Impact); and

c. a Layoff Minimization Plan which shall contain at least the following


elements:

(1) a reduction in the use of Outside Entities;

(2) the elimination of the purchase or use of semi-finished and hot-


rolled steel from outside vendors that can be reasonably produced
by the Company;

(3) the minimization of the use of overtime;

(4) a program of voluntary layoffs;

(5) the use of productive alternat e work assignments to reduce the


number of layoffs; and

(6) a meaningful program of shared sacrifice by management,


including senior management.

3. Employee Protections

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Reference to the elements of a Layoff Minimization Plan in Paragraph 2 above
shall not be construed to impair in any way any protection afforded to
Employees under other provisions of this Agreement.

4. Union Response

The Union shall be provided with sufficient information to reach its own
judgment on whether there is a Need, the appropriate Impact and to develop its
own proposed Layoff Minimization Plan.

5. Dispute Resolution

a. In the event the parties cannot reach agreement on whether there is a


Need, the appropriate Impact and the terms of a Layoff Minimization
Plan, the Company may implement its plan and the Union may submit
their dispute to an expedited final offer arbitration under procedures to be
developed by the parties. If the Company lays off Employees in violation
of this Article, such Employees shall be made whole.

b. The arbitrator’s ruling shall address whether the Company demonstrated


a Need and if it did, whose proposed Impact and Layoff Minimization
Plan are more reasonable, given all the circumstances and the objectives of
the parties.

Section B. Supplemental Unemployment Benefits

1. Eligibility

An Employee shall be eligible for a weekly supplemental unemployment benefit


(Weekly Benefit) for any week beginning on or after the Effective Date, if s/he:

a. has completed two (2) years of Continuous Service prior to his/her


seeking weekly benefits;

b. is and remains an Employee within the meaning of the Agreement;

c. does not receive sickness and accident benefits under an agreement


between the Company and the Union;

d. is not in the military service, including training encampments;

e. is eligible, applies for state unemployment benefits for the week and takes
all reasonable steps to receive such benefits; provided, however, that this

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requirement will not apply if s/he has exhausted state unemployment
benefits, receives other compensation in an amount that disqualifies
him/her for state unemployment benefits, has insufficient employment to
be covered by the state system, fails to qualify for state unemployment
benefits because of a waiting week, is unable to work by reason of
disability, or is participating in a federal training program; and

f. either

(1) is on layoff for any week in which, because of lack of work, s/he
does not work at all for the Company;

(2) is on layoff during a plant vacation shutdown and s/he is not


entitled to vacation during the shutdown; or

(3) became disabled while on layoff and is not physically able to return
to work.

2. Amount and Duration of Benefits

a. Weekly Benefits are equal to:

(1) forty (40) multiplied by the Employee’s Base Rate of Pay; and

(2) the applicable percentage shown in the following table:

Supplemental Unemployment Benefit Percentage

Duration of Benefits, in Weeks


Continuous Service 1 to 26 27 to 52 53 to 104
2 but less than 10 60% 40% 0%
10 but less than 20 70% 50% 25%
20 and over 80% 60% 40%

b. Notwithstanding the above table, the duration of Weekly Benefits payable


to an Employee who becomes disabled while on layoff and is not
physically able to return to work shall be limited to fifty-two (52) weeks
beginning with the week the Employee is recalled to work.

c. The amount of a Weekly Benefit may be offset only by the amount of state
unemployment benefits, Trade Adjustment Allowance and any Excess

83
Other Compensation, but in no event will the total Weekly Benefit be less
than $250.00 per week for the Duration of Benefits.

d. Excess Other Compensation means any weekly earnings from an


employer other than the Company in excess of the amount that would
reduce the Employee’s state unemployment benefit to zero. The amount
to be offset shall be $1 for each $2 of Excess Other Compensation.

3. Company Payment

The Company shall make reasonable calculations of Weekly Benefits and pay
such benefits based on the best information in its possession and obtained from
the state system.

4. Disputes

In the event an Employee believes that his/her Weekly Benefit or eligibility


determination has been made in error, the Employee may file a grievance, as
outlined in the grievance procedure of the Agreement.

5. Administration of the Plan

Subject to and in accordance with the terms and conditions outlined in this
Section, the Company shall administer the Supplemental Unemployment
Benefits Plan (Plan) and may prescribe reasonable rules and regulations. The
costs of administering the Plan shall be borne by the Company.

6. Finality of Determination

The Company shall have the right to recover overpayments and correct
underpayments to Employees. However, any benefit determination shall become
final six (6) months after the date on which it is made if (a) no dispute is then
pending and (b) the Company has not given notice in writing of an error.

7. Termination

Notwithstanding the provisions of Article One, Section B (Term of the


Agreement), this Section and the Plan on which it is based shall expire 150 days
after the Termination Date.

8. Documentation

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The parties shall adopt a mutually agreed upon Plan to provide the benefits
described in this Section.

Section C. Severance Allowance

1. Right to Severance Allowance

Employees meeting the conditions outlined below shall, upon request, receive a
Severance Allowance as described herein.

2. Eligibility

In order to be eligible for a Severance Allowance an Employee must:

a. at the time s/he requests such Allowance, have accumulated three (3) or
more years of Continuous Service; and

b. be on layoff (other than voluntary layoff):

(1) for six (6) consecutive months, or in any twelve (12) month period
be offered, under the terms of the Agreement, less than 520 hours
of straight time work, or

(2) due to a Permanent Closure as defined in this Section.

3. Employment in Lieu of Severance

In lieu of Severance Allowance, at the time an Employee requests such Severance


Allowance, the Company may offer such Employee a regular full-time job of
equal earnings at the Employee’s plant or within 50 miles of that plant if in
accordance with 6 below if:

a. the job is in a bargaining unit represented by the Union;

b. the job is not a temporary job or a job known to be of limited duration;

c. the Employee is physically qualified to perform the job; and

d. the Employee has the ability and skills required to perform the job or has
the ability to absorb such training for the job as is offered and is necessary
to enable the Employee to perform the job satisfactory.

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4. Notwithstanding 3 above an Employee who is otherwise eligible for a sole option
pension may decline the employment offer.

5. Amount and Form

a. In the case of Paragraph 2(b)(1) a single lump sum payment equal to one
(1) week of pay at the Employee’s Vacation Rate of Pay for each year of
Continuous Service or portion thereof.

b. In the case of Paragraph 2(b)(2) above:

(1) One (1) week of pay at the Employee’s Vacation Rate of Pay for
each year of Continuous Service or portion thereof; plus

(2) Two (2) weeks of pay at the Employee’s Vacation Rate of Pay for
each year of service over 15 years of Continuous Service or portion
thereof.

c. The total of (1) plus (2) above may not exceed seventy thousand dollars
($70,000).

6. Definitions

For the purposes of this Section:

a. Age means an Employee’s age as of their last birthday at the time of the
Permanent Closure;

b. Service means the Employee’s Continuous Service as that term is defined


in Article Five, Section E (Seniority, Paragraph 3 of the Basic Labor
Agreement), at the time of the Permanent Closure;

c. Permanent Closure means the permanent closure of a plant or permanent


discontinuance of a department of a plant or substantial portion thereof.
In addition to an announced Company decision providing therefore, a
Permanent Closure shall be deemed to have occurred wherever the
Company is not operating the subject plant, department, or substantial
portion thereof and cannot clearly demonstrate reasonable plans or
expectations for a re-start in the immediate future.

d. Region means the area in which a Plant is located for the purposes of this
Section. The Cleveland, Lackawanna, Weirton and Warren Plants are

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considered in Region 1. The Riverdale, Hennepin, Burns Harbor, Minorca
Mines and both East Chicago Plants are considered in Region 2. The
Georgetown, Steelton, Conshohocken, and Coatesville Plants are
considered in Region 3.

7. Consequence of Acceptance

Any Employee who requests and accepts a Severance Allowance shall


permanently terminate employment with the Company.

In lieu of Severance Allowance, at the time an Employee requests such Severance


Allowance, the Company may offer such Employee a regular full-time job of
equal earnings at the Employee’s Plant or within that Plant’s Region or at the
Employee’s option, a Plant in any other Region. It is also the Employee’s option
whether to accept the offer of a job or the Severance Allowance.

Section D. Interplant Job Opportunities

1. An Employee with more than two (2) years of Continuous Service who is
continuously on layoff for at least sixty (60) days and not expected to be recalled
within sixty (60) days, shall be given priority over new hires and probationary
Employees for permanent job vacancies at other than his/her plant as described
below:

a. The Employee must file with his/her home plant, on a form provided by
the Company, a written request for such transfer specifying the other
plant or plants at which s/he would accept employment.

b. Employees who apply shall be given priority in the order of their


Continuous Service (the earlier date of birth to control where such service
is identical), provided the Employee has the necessary qualifications to
perform the job. In determining qualifications, the Employee shall be
treated as if the job were an opening at his/her home plant.

c. An Employee laid off from his/her plant who is offered and accepts a job
at another plant, will have the same obligation to report for work there as
though s/he were a laid-off Employee at that plant. During his/her
employment at that plant, s/he will be subject to all the rules and
conditions of employment in effect at that plant. S/he will be considered
as a new Employee at that plant and therefore such Employee’s Plant
Service shall be defined in accordance with Article Five Section E 3a(2)c.

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d. An Employee shall be deemed to reject such job if s/he does not
affirmatively respond within five (5) days of the time the offer is made,
which offer shall be directed to his/her last place of residence as shown on
the written request referred to in Paragraph (a) above.

e. An Employee who accepts employment at another plant under this


Section will continue to accrue Plant Service for seniority purposes at
his/her home plant in accordance with the applicable seniority rules for a
maximum period of six (6) months from the date of transfer. If within six
(6) month period, s/he is recalled to work at his/her home plant and s/he
elects to return, his/her Continuous Service for seniority purposes at the
other plant will be cancelled. If s/he elects to remain at the other plant,
his/her Continuous Service for seniority purposes at his/her home plant
will be cancelled.

f. When an Employee is recalled to his/her home plant, the Company may


require the Employee to remain at such other plant for the calendar week
following the calendar week during which such recall occurs.

2. An Employee who accepts a job at another plant more than 100 miles from
his/her home Plant will receive a relocation allowance when they relocate their
permanent residence of $5000.

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ARTICLE NINE – ECONOMIC OPPORTUNITY

Section A. Wages

1. Definitions:

a. Regular Rate of Pay as used in this Agreement shall mean the Base Rate of
Pay plus incentive earnings.

b. Base Rate of Pay as used in this Agreement shall be the rates of pay as
shown in Appendix A.

Section B. Incentive Plans

1. New incentive plans shall be designed to afford Employees the earnings


opportunity generally available under existing plans. Modified incentive plans
shall be designed to afford Employees the earning opportunity generally
available under the plan being modified.

2. The Company shall establish new incentive plans to cover newly created jobs.
The Company shall also modify existing incentive plans where new or changed
conditions resulting from mechanical improvements made by the Company in
the interest of improved methods or products, or from changes in equipment,
manufacturing processes or methods, materials processed, or quality or
manufacturing standards impact the earnings opportunity provided under an
existing incentive plan. In all other circumstances, existing incentive plans shall
remain unchanged. Such plans shall be installed within ninety (90) days of an
Employee being assigned to work on a new or modified job.

3. Such new or modified incentive plans shall be established in accordance with the
following procedure:

a. The Company will develop the proposed new incentive plan.

b. The proposed new plan will be submitted and explained to the Local
Union Incentive Committee along with such additional Employees as the
Committee shall deem appropriate. The explanation shall include all
information reasonably required to understand how the new plan was
developed. The Union shall be afforded a full opportunity to be heard
with regard to the new plan.

c. Should agreement on a new plan not be reached, the new plan may be
installed and the Employees affected shall give the plan a fair trial.

89
d. The Local Union Incentive Committee may file a grievance at any time
from ninety (90) to 180 days from the date of installation of a new plan.
Such grievance shall be filed in Step 2 of the grievance procedure and
shall be decided on the basis of the standard referred to in Paragraph 1
above.

e. In the event the Company does not install a new incentive plan on a
timely basis, the Local Union Incentive Committee may file a grievance in
Step 2 of the grievance procedure requesting that a new plan be installed.
Any such grievance shall include a statement of the alleged changed
condition(s), including approximate date(s) of such alleged change(s). If
the Board decides that a change has occurred which requires new
standards, it shall order the Company to develop and install an
appropriate new plan and to appropriately compensate the grievant(s).

4. The Company shall be permitted to establish an interim rate which may be used
while the new incentive plan is being developed. The interim rate shall consist
of, in addition to the applicable Base Rate of Pay, a special hourly interim
allowance equal to the percentage equivalent of the straight-time average hourly
earnings above the Base Rate of Pay in Appendix A during the six (6) pay
periods immediately preceding implementation of the interim rate. If the job
involved is a new job, the interim rate shall be the applicable average interim rate
found by relating the job requirements of such new job to the job requirements of
the existing jobs under the previously existing incentive plan and shall be based
solely on the incentive earnings of the related job(s) under the old plan.

Section C. Shift Premium

Employees shall receive a shift premium of twenty-five cents ($0.25) for all hours
worked by Employees designated as Shift Workers. Shift Workers are those Employees
who are routinely scheduled at least half their shifts on other than the day shift (all
eight (8) hour shifts starting between 6:00 a.m. and 9:00 a.m. are defined as the day
shift).

Section D. Sunday Premium

All hours worked by an Employee on Sunday, shall be paid for on the basis of one and
one-half times the Employee’s Regular Rate of Pay. For the purpose of this Section,
Sunday shall be deemed to be the twenty-four (24) hours beginning with the shift
change hour nearest to 12:01 a.m. Sunday.

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Section E. Profit Sharing

1. Introduction

The parties agree to establish a profit sharing plan (the Plan).

2. Level of Payout

The Company agrees that it will create a profit sharing pool (the Pool) consisting
of 7.5% of the Company's Quarterly Profits, as defined below, and to distribute
the Pool within forty-five (45) days of the end of each fiscal quarter, in the
manner described below. The fourth (4 th) quarter payment will be distributed
within fifteen (15) days following the date of the auditor's opinion of the
Company's annual audited financial statements, which may include an
adjustment for the correction of errors in prior quarters.

3. Calculation of Profits

For the purposes of this Plan,

a. Profits shall be defined as Earnings Before Interest and Taxes of the


Company, calculated on a consolidated basis in accordance with United
States Generally Accepted Accounting Principles (GAAP), with the
following exclusions:

(1) income or loss related to any charges or credits (whether or not


identified as special credits or charges) for unusual, infrequently
occurring or extraordinary items as defined by GAAP, including
credits or charges for plant closures, business dispositions and asset
sales that are not normal operating charges or credits of the
Company;

(2) any cost or expense associated with the Benefit Trust or other
similar vehicle;

(3) any cost or expense associated with the Plan or any other profit
sharing or similar plan for any of the Company’s employees;

(4) any expense attributable to the allocation or contribution of stock to


Company employees;

(5) any payments, fees or other expenses that are not in the normal
course of business paid directly or indirectly to any person or entity

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who directly or indirectly owns or controls any equity or equity-
like interest in the Company; and

(6) profits from Excluded Entities as defined in Article One Section A –


Parties to the Agreement.

b. All transactions between the Company and the Parent or any of its
Affiliates shall be conducted on an arms length basis on commercially
reasonable terms not less favorable to the Company then those that could
be obtained from an unrelated third party.

4. Individual Entitlement

The Pool will be divided among all Employees (Participants) on the basis of the
Hours (as defined below) of each such Participant in the calendar weeks within
each fiscal quarter.

a. Hours shall include the following, but shall not exceed forty eight (48)
hours for any week for any Participant: hours worked (including straight
time and overtime hours), vacation and holiday hours at the rate of eight
(8) hours for each holiday or day of vacation; hours on Union business;
and hours, at the rate of eight (8) hours a day, while receiving Workers'
Compensation benefits (based on the numberof days absentfromwork
while receiving such benefits).

b. Any payments made to a Participant pursuant to this Plan shall not be


included in the Participant's earnings for purposes of determining any
other pay, benefit or allowance of the Participant.

5. Administration of the Plan

a. The Plan will be administered by the Company in accordance with its


terms and the costs of administration shall be the responsibility of the
Company. Upon determination of each Quarterly Profit calculation, such
calculation shall be forwarded to the Chair of the Union Negotiating
Committee accompanied by a Certificate of Officer signed by the Chief
Financial Officer of the Company, providing a detailed description of any
adjustments made to Earnings Before Income and Taxes and stating that
Profit was determined in accordance with GAAP and that Quarterly Profit
was calculated in accordance with this Section.

b. The Union, through the Chair of its Negotiating Committee or his/her


designee, shall have the right to review and audit any information,

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calculation or other matters concerning the Plan. The Company shall
provide the Union with any information reasonably requested in
connection with its review. The reas onable actual costs incurred by the
Union in connection with any such audit shall be paid from the Pool and
deducted from the amount otherwise available under the Pool for
distribution to Employees.

c. In the event that a discrepancy exists between the Company's Profit


Sharing calculation and the results obtained by the Union’s review, the
Chairs of the Union and Company Negotiating Committees shall attempt
to reach an agreement regarding the discrepancy. In the event that they
cannot resolve the dispute, either party may submit such dispute to final
and binding arbitration under the grievance procedure provided in this
Agreement.

6. Prompt Payment

Notwithstanding Paragraph 5, the Company shall comply with the requirements


of Paragraphs 2 through 4 based on its interpretation of the appropriate payout.
If the process described in Paragraph 5 results in a requirement for an additional
payout, said payout shall be made no more than fourteen (14) days after the date
of the agreed upon resolution or issuance of the arbitrator's decision.

7. Summary Description

The parties will jointly develop a description of the calculations used to derive
profit sharing payments under the Plan for each quarter and distribute it to each
Participant.

Section F. Inflation Recognition Payment

1. General Description

The below general description is qualified in its entirety by Paragraphs 2 through


6 below.

The purpose of the Inflation Recognition Payment (IRP) is to make quarterly


lump-sum payments to Employees if cumulative inflation, as measured over the
life of the Basic Labor Agreement, exceeds three percent (3%) per year.

At the end of each calendar quarter, the Consumer Price Index (CPI) for the final
month of that quarter will be compared to a CPI Threshold (as found in the Table
in Paragraph 5 below) which represents what the CPI would be if total inflation
since the beginning of the Agreement had averaged three percent (3%) per year.

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If the actual CPI is higher than the CPI Threshold, a lump sum payment shall be
made equal to each full one percent (1.0%) by which the actual CPI is higher than
the CPI Threshold, multiplied by the Regular Rate of Pay (overtime rates if
applicable) for each position worked by an Employee for all hours actually
worked in full calendar weeks in the fiscal quarter (hereafter referred to as
“earnings”).

Thus, if in a given quarter three percent (3%) annual inflation since the beginning
of the Agreement would have produced total inflation of ten percent (10%) and
the actual CPI indicates that inflation since the beginning of the contract has been
twelve percent (12%) and an Employee had earnings as defined in the paragraph
above during the quarter of $15,000, then that Employee would receive a lump-
sum payment of two percent (2%) (12% actual inflation minus a 10% CPI
Threshold) times $15,000 or $300.

2. IRP Payments

a. Beginning the period ending December 31, 2008, the Company shall, on
each Payment Date, make to each Employee an IRP payment equal to:

(1) their total earnings as defined above for the Covered Period,
multiplied by

(2) each full percentage (1.0%), by which the CPI for the Measurement
Month exceeds the CPI Threshold for the Measurement Month.

b. No IRP will be made for any Covered Period unless the CPI for the
Measurement Month is greater than the CPI Threshold; in the event the
CPI is lower than the CPI Threshold there shall be no recoupment of any
kind.

The IRP shall be a lump-sum payment and shall not be part of the
Employee’s Base Rate of Pay or used in the calculation of any other pay,
allowance or benefit.

3. Definitions

a. CPI shall mean the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W), U.S. City Average, All Items, Not Seasonally
Adjusted (1982-84=100) as published by the Bureau of Labor Statistics. If
the Consumer Price Index in its present form and on the same basis as the
last Index published prior to June 2008 becomes unavailable, this Section
shall be adjusted to produce as nearly as possible the same result as would

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have been achieved using the Index in its present form.

b. Payment Date shall be the forty-fifth (45th) day after the last day of the
Measurement Month.

c. Measurement Month shall be the last month of a Covered Period.

d. Covered Period(s) shall be as shown in Paragraph 5 below.

e. CPI Threshold(s) shall be as shown in Paragraph 5 below, based on the


formula in Paragraph 6 below.

4. Example:

Covered Period 10-01-11 – 12-31-11


Measurement Month December 2011
Hypothetical CPI in Measurement 240.0
Month
CPI Threshold for the Covered Period 235.2
The amount, of full percentage point(s),
by which the CPI for the Measurement
Month exceeds the CPI Threshold for
the Covered Period
((240.0 – 235.2)/235.2) = 2.0%

Earnings in Covered Period $15,000

IRP Payment ($15000 x 2.0%) = $300.00

5. Covered Periods and CPI Thresholds

Covered Period CPI


Threshold
07-01-08 – 09-30-08 None
10-01-08 – 12-31-08 215.2
01-01-09 – 03-31-09 221.7
04-01-09 – 06-30-09 221.7
07-01-09 – 09-30-09 221.7
10-01-09 – 12-31-09 221.7
01-01-10 – 03-31-10 228.3
04-01-10 – 06-30-10 228.3

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Covered Period CPI
Threshold
07-01-10 – 09-30-10 228.3
10-01-10 – 12-31-10 228.3
01-01-11 – 03-31-11 235.2
04-01-11 – 06-30-11 235.2
07-01-11 – 09-30-11 235.2
10-01-11 – 12-31-11 235.2
01-01-12 – 03-31-12 242.2
04-01-12 – 06-30-12 242.2
07-01-12 – 09-30-12 242.2

6. Formula to Calculate CPI Threshold

The CPI Threshold shown in the Table above is the CPI for the month of June,
2008 multiplied by 1.03 per year as expressed in the following formula:

CPI-W for 6-08 x (1.03)n

Where n is the number of Covered Years from the first calendar year of 2008 to
the Covered Year in which the calculation is made.

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ARTICLE TEN – PAID TIME OFF AND LEAVES OF ABSENCE

Section A. Holidays

1. An Employee shall be paid two and one-half (2 ½) times his/her regular rate of
pay for all hours worked on any of the holidays specified below.

January 1
Martin Luther King, Jr.’s Birthday
Good Friday
Memorial Day
July 4
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Day Preceding Christmas Day
Christmas Day

2. In the event a holiday falls on Sunday, it shall be observed on Monday. A


holiday is the twenty-four (24) hour period beginning at the shift-changing hour
nearest to 12:01 a.m. on the day so observed.

3. Pay for a Recognized Holiday Not Worked

a. An eligible Employee who does not work on a holiday shall be paid eight
(8) times his/her Regular Rate of Pay.

b. As used in this Section, an eligible Employee is one who (1) has worked
thirty (30) calendar days since her/his last hire; (2) performs work or is on
vacation in the payroll period in which the holiday is observed; or if s/he
is laid off for such payroll period, performs work or is on vacation in
either the payroll period preceding and the payroll period following the
payroll period in which the holiday is observed; and (3) works as
scheduled or assigned on both his/her last scheduled workday prior to
and his/her first scheduled workday following the day on which the
holiday is observed, unless s/he has failed to so work because of sickness
or other good cause.

c. When any holiday is observed during an eligible Employee’s vacation,


s/he shall be entitled to pay for the unworked holiday.

d. If an eligible Employee works on a holiday for less than eight (8) hours,
s/he shall be paid for time not worked for the remainder of the eight (8)
hours.

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e. It is understood that no Employee shall receive more than double time
and one-half for hours worked on a holiday.

Section B. Vacations

1. Eligibility

a. To be eligible for a vacation in any calendar year, an Employee must:

(1) have one year or more of Continuous Service; and

(2) have worked for at least 520 hours during the preceding calendar
year; or

(3) have been off work due to compensable workplace illness or injury,
in which case the Employee will be credited up to forty hours of
work per week for the purpose determining eligibility described in
this section; or

(4) have been off work due to service in the Armed Forces, in which
case the Employee will be credited up to forty hours of work per
week for the purpose determining eligibility described in this
section; and

(5) has not quit, retired or been discharged for cause prior to January 1
of the vacation year.

2. Length

a. The amount of vacation due an eligible Employee shall be based on


his/her Continuous Service as follows:

Years of Service Weeks of Vacation

1 but less than 3 1


3 but less than 8 2
8 but less than 15 3
15 but less than 24 4
24 or more 5

b. A week of vacation shall consist of seven (7) consecutive days.

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3. Scheduling

a. On or promptly after October 1 of each year, each Employee entitled or


expected to become entitled to vacation in the following year shall receive
a Company form asking him/her to specify in writing the desired
vacation period or periods. The Em ployee shall return the form to the
Company within thirty (30) days.

b. Vacations will, so far as practicable, be granted at times most desired by


Employees (longer service Employees being given preference as to
choice), but the final right to allot vacation periods on a level load basis
and to change such allotments is reserved to the Company.

c. Employees will be provided with their vacation schedule at least sixty (60)
days prior to the start of their vacation period, but in all cases no later than
January 1 of the year in which the vacation is to be taken.

d. Where an Employee transfers from one seniority unit to another, s/he


shall take his/her vacation in accordance with the schedule established in
his/her old seniority unit, except as orderly operations of his/her new
seniority unit preclude it, and his/her transfer shall not be a basis for
altering the schedule established prior to his/her transfer.

e. Consistent with Paragraphs 3(a) through 3(d) above, Employees shall be


permitted to use up to two (2) weeks (i.e., ten (10) days) of their allotted
vacation on a day-at-a-time basis.

f. With the consent of the Employee, the Company may pay up to one (1)
week of vacation allowance, in lieu of time off for vacation, for a week of
vacation in excess of two (2) weeks in any one (1) calendar year.

g. At the time of his/her retirement, an Employee may elect to receive a


lump-sum payment for any unused vacation entitlement.

4. Grievances

Grievances regarding vacation scheduling must be referred to Step 1 of the


grievance procedure not later than fifteen (15) days after notification to the
Employee of the scheduled vacation (or changed scheduled vacation) is given to
the Employee and shall be handled in a manner that assures resolution prior to
the disputed date(s).

5. Vacation Rate of Pay

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a. Employees will be paid for each week of vacation the greater of:

(1) forty (40) multiplied by the Re gular Rate of Pay of the Employee’s
permanent job as of January 1 of the vacation year, or

(2) two percent (2%) of their W-2 earnings excluding profit sharing
payments during the preceding year (such amount Vacation Rate of
Pay).

b. The Daily Vacation Rate of Pay of each Employee shall be the Vacation
Rate of Pay divided by five (5).

c. The Hourly Vacation Rate of Pay of each Employee shall be the Vacation
Rate of Pay divided by forty (40).

d. Any Employee who did not work in the prior year shall have his/her
Vacation Rate of Pay computed on the basis of his/her last calculated
Rate.

6. Minimum Vacation (Employees Other Than New Hires)

Notwithstanding the above, an Employee with one (1) year or more of


Continuous Service who is not eligible for vacation based on the above and who
works at least 520 hours in a calendar year shall receive one (1) week of vacation
during that calendar year. The Compan y shall make reasonable efforts to
schedule that vacation at the time desired by the Employee, provided it does not
disrupt the vacation schedule already established hereunder.

7. Vacation Bonus

A vacation bonus of $250 per week will be paid to Employees for each week of
vacation taken in the ten (10) consecutive calendar week period beginning with
the first full week following the calendar week containing New Year's Day.

Section C. Bereavement Leave

1. In the event of the death of any of the relatives listed below, an Employee, upon
request, will be excused and paid for scheduled shifts as detailed below, which
fall within a consecutive day period, provided however that one such calendar
day shall include the day of the service.

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Relation Scheduled Shifts Off

Legal Spouse, Parent, Sibling, Grandchild, 5


Child or Step-Child who lived with the
Employee in an immediate family
relationship

Step-Parent and Step-Siblings who have 3


lived with the Employee, Mother or Father
in-law, Grandparent

2. Payment shall be eight (8) times the Employee’s Regular Rate of Pay. An
Employee will not receive bereavement pay when it duplicates pay received for
time not worked for any other reason. Time thus paid will not be counted as
hours worked for purposes of determining overtime or premium pay.

Section D. Jury or Witness Duty

An Employee who is called for jury service or subpoenaed as a witness shall be excused
from work for the days on which s/he serves. Service, as used in this Section, includes
required reporting for jury or witness duty when summoned, whether or not the
Employee is used. The Employee shall receive, for each such day of service on which
s/he otherwise would have worked, the difference between the payment received for
such service and the amount calculated by multiplying eight (8) times his/her Regular
Rate of Pay. To receive payment the Employee must present proof that s/he did serve,
report for service or was subpoenaed and reported as a witness and the amount of pay,
if any, received therefor.

Section E. Leave of Absence for Employment with the Union

1. Leaves of absence for the purpose of accepting positions with the International or
Local Unions shall be made available to a reasonable number of Employees.
Employees who intend to apply for such leaves shall give the Company adequate
notice to enable it to fill the jobs vacated.

2. Leaves of absence for the purpose of accepting or continuing in a temporary


position with the International shall be for periods of six (6) months and shall be
extended upon request; provided, however, in no event shall an Employee be
entitled under this provision to a leave of absence exceeding two (2) continuous
years.

3. Leaves of absence for the purpose of accepting permanent positions with the
International Union shall be for a period concurrent with the individual’s

101
permanent employment with the International Union. When an individual is
made a permanent employee of the International Union (by completing his/her
probationary period), s/he shall, from that point forward, retain his/her leave of
absence status with the Company but shall not receive any Covered Service or
hourly contributions under the Steelworkers Pension Trust. Such individual
shall accumulate Continuous Service for all other purposes under the Agreement
and local agreements thereunder; provided that s/he shall not be entitled to
actually receive any contractual benefits during the period of the leave of
absence.

4. Leaves of absence for the purpose of accepting positions with the Local Unions
shall be for a period not in excess of three (3) years and may be renewed for
further periods of three (3) years each.

5. Except as set forth above in Paragraph 3, Continuous Service shall continue to


accrue and shall not be broken by a leave of absence under this Section.

Section F. Service with the Armed Forces

1. Reemployment Rights

An Employee who leaves the Company employment to enter the service of the
Armed Forces of the United States (the Armed Forces) shall be granted all
statutory rights to reemployment and shall continue to accrue Continuous
Service during such service.

2. Training

An Employee shall be provided with a reasonable program of training in the


event s/he does not qualify to perform the work on a job which s/he might have
attained except for his/her service in the Armed Forces.

3. Educational Leave of Absence

Any Employee entitled to reemployment under this Section who applies for
reemployment and who desires to pursue a course of study in accordance with a
federal law granting such opportunity shall be granted a leave of absence for
such purpose. Such leave of absence shall not constitute a break in Continuous
Service. Any such Employee must notify the Company and the Union in writing
at least once each year of his/her continued interest to resume active
employment with the Company upon completing or terminating such course of
study.

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4. Disabled Returning Veterans

Any Employee entitled to reemployment under this Section who returns with a
service-connected disability which makes returning to his/her prior job onerous
or impossible shall be assigned to a vacancy suitable to such impaired condition
during the continuance of such disability.

5. Vacation Pay

a. An Employee who did not receive but was entitled to paid vacation
during the calendar year in which s/he enters the Armed Forces shall be
paid an amount equal to the vacation pay to which s/he was entitled.

b. Notwithstanding any other provisions of this Agreement to the contrary,


an Employee who is reemployed after being honorably discharged shall
be entitled to paid vacation for the calendar year in which s/he is
reemployed, provided that no Employee shall be afforded more than one
(1) vacation allowance for any one (1) calendar year, at a rate of pay based
on his/her earnings for the last full year in which s/he worked prior to
his/her serving.

6. Military Encampment Allowance

An Employee who attends an encampment (for a period not to exceed two (2)
weeks in any one (1) calendar year), weekend drill, or any specialized training in
preparation for active duty assignment of the Reserve of the Armed Forces or the
National Guard shall be paid the difference between the amount paid by the
Government (not including travel, subsistence and quarters allowance) and
his/her Regular Rate of Pay for the number of days s/he would have been
scheduled to work during such encampment, weekend drill or specialized
training in preparation for active duty assignment. Such hours paid shall be
considered hours worked for all purposes.

Section G. Family and Medical Leave Act

The Company shall comply with the Family and Medical Leave Act of 1993 (FMLA)
and shall apply its requirements as set forth below. Nothing in this Section shall be
construed to provide lesser treatment than that required under the FMLA or to deprive
any Employee of any right or forum thereunder.

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1. General

a. A copy of a summary of the law and Employee rights thereunder is


available at the Company’s Personnel Services Office for review and will
be issued upon request and at the time any FMLA leave is requested. The
required posting under the FMLA will be maintained by the Company.

2. Eligibility and Entitlement

a. Leave under this Section shall be available to any Employee who has
twelve (12) months or more of Continuous Service calculated pursuant to
the Seniority provisions of this Agreement. There shall be no hours-
worked requirement for eligibility.

b. Any eligible Employee shall be entitled to up to twelve (12) weeks of


unpaid leave in any twelve (12) month period. This period shall be
measured on a rolling twelve (12) month basis, measured backward from
the date of any FMLA leave is used. Any time taken off in connection with
any of the situations covered by the FMLA shall be counted toward the
twelve (12) week period, excluding time off related Sickness and Accident,
or compensable workplace illness or injury.

3. Pay During FMLA Leave

a. Employees seeking FMLA leave under this Section may be required to


utilize up to one (1) week of unused paid vacation.

b. An Employee may request to utilize additional paid vacation during the


FMLA leave time. The Company reserves the right to approve such a
request where it involves a change in the vacation schedule.

c. Except for the substitution of paid vacation , all time off provided shall be
unpaid and shall be considered as time not worked for all other matters.

d. An Employee on FMLA leave is not eligible for Supplemental


Unemployment Benefits in the event of a layoff, until following the
termination of the leave.

4. Continuous Service

Leaves of absence under this Section shall not constitute a break in Continuous
Service and the period of such leave shall be included in an Employee’s length of
Continuous Service under this Agreement and all benefit agreements.

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5. Benefit Continuation

a. All Employees’ benefit coverage will continue during such leave,


provided the Employee is otherwise eligible for such coverage and the
Employee continues making any normally-required premium or other
payments in a manner acceptable to the Company. In the event the
Employee fails to make such payments, all benefit coverage shall
terminate.

b. In the event an Employee fails to return to work or quits after the


Employee’s FMLA leave period has been concluded, the Company waives
its right to recover the cost of health insurance coverage provided by the
Company during such leave.

105
ARTICLE ELEVEN – CORPORATE GOVERNANCE

Section A. Board of Directors

1. The Company and the Union acknowledge that every member of the Company’s
Board of Directors (Board, members of such Board, Directors) has a fiduciary
duty to the Company and all of its stockholders.

2. The Company agrees that the Union shall have the right, subject to the
procedure; and as described below, to designate two individuals to serve on the
Board.

a. The International President shall provide the Company CEO with the
name and resume of the individuals whom s/he wishes to have serve on
the Board.

b. Provided that the individuals are acceptable to the CEO, such acceptance
not to be unreasonably withheld, the CEO shall direct the Secretary of the
Company to promptly take such steps under the By-laws of the Company
as are necessary for the election of the individuals to the Company’s
Board at the earliest reasonable date.

3. If after selection, an individual becomes unwilling or unable to serve or the


Union wishes to replace him/her, the International President shall provide the
CEO with the name of a new individual whom s/he wishes to have serve on the
Board and the process outlined above shall thereafter be followed. In such case
the individual previously named by the International President may be removed
from the Board.

4. In Accordance with Article Six Section A (Partnership), the Union appointees to


the Board shall be provided an opportunity to appear before the ArcelorMittal
Investment Allocation Committee on matters of concern to the Union.

Section B. Investment Commitment

1. The Company agrees to make the capital expenditures required to make its Steel
Related Assets world class and to maintain them as such.

2. The Union agrees to contribute to the competitiveness of the facilities and work
with the Company to maintain the competitive nature of the facilities.

3. The Company agrees that, except during maintenance and repair outages, it will
not directly or indirectly replace the product which could have been produced at

106
any facility covered by this Agreement with product obtained from other than
Canadian or United States facilities that provide base wages, benefits and
protections such as just cause and seniority that are substantially equivalent to
those provided in this Agreement, unless it is operating the relevant facilities
covered by this Agreement at full capacity.

4. The Company agrees that it will make capital expenditure at the facilities
covered by the Agreement of no less than $3 Billion over the term of the
Agreement, with a material portion of such spending made in each year of the
Agreement.

5. The Company agrees to use its best efforts to acquire and maintain long-term
stable supplies of Coke and Iron Ore sufficient to operate all of its Blast Furnaces
at full capacity and to use the Company’s best efforts to obtain such supply from
sources in the United States and Canada.

6. For the purpose of this Section,

a. Company shall be defined as in Article Two, Section E (Neutrality); and

b. Steel-Related Assets are assets or operations that the Company owns or


controls and operates, located at facilities covered by this Agreement and
have not been shut down pursuant to provisions of this Agreement, at any
time during the term of this Agreement that are used or associated with:

(1) the manufacture, production, finishing, warehousing or


transportation of any steel product; or

(2) the manufacture, mining, concentration, agglomeration, storage or


transportation of coke or iron ore.

7. The Strategic Committee established under Article Six, Section A – Partnership of


the Agreement shall be responsible for the oversight and implementation of the
commitments outlined above.

Section C. Upstreaming

1. The Company agrees that it will not, ot her than as provided in its agreements
with the Union, directly or indirectly, pay any dividends on, or make any
distributions, exchanges, conversions, retirements, repurchases or redemptions,
in respect of its stock (any of such activities, Upstreaming) to any stockholder of
the Company or any affiliate of any such stockholder.

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2. The Company agrees that it will only Upstream if the Company is in material
compliance with all of its agreements with the USW. The Company may only
Upstream to the extent of paying dividends in an amount consistent with: the
Company’s historical, current and projected financial performance and capital
spending requirements; the terms of any preferred stock sold for full and fair
value and paying a market rate dividend (at the time of issuance); and the
maintenance of a reasonable financial position;

3. Without in any way limiting the applicability of Paragraphs 1 and 2 above, the
Company agrees that all transactions (including, without limitation, sales, loans,
purchases, leases, guarantees, fees of any kind, and equity transactions) between
the Company and any equity holder or any Affiliate of any equity holder, shall
be conducted on an arm’s-length basis, on commercially reasonable terms not
less favorable to the Company than those that could be obtained from an
unrelated third party, and in accordance with any shareholders agreement of the
Company. In addition, any loan or similar transaction to any such person shall
only be made if it is beneficial to the Company and on terms consistent with the
business relationship between such person and the Company. Subject to the
foregoing, the Company may engage in transactions with its equity holders and
their Affiliates.

4. It is understood that the Company’s Board of Directors shall have the authority
to Upstream as described in Paragraphs 2(a) and 2(b) above and to engage in the
actions described in Paragraph 3 above, that the Union shall have access to a
dispute resolution procedure (at the option of the USW, either arbitration before
a panel of AAA commercial arbitrators or litigation in the United States District
Court having jurisdiction over Cook County, Illinois) in the event it believes that
the Company’s actions violated this Section of the Agreement and that the
dispute resolution procedure shall include the authority to determine if a
violation occurred and what if any remedy should be prescribed.

5. The Company will not undertake any transaction the effect of which is to
materially reduce the Company’s ability to fulfill its obligations under this
Agreement.

Section D. Right to Bid

1. Should the Company decide or be presented with an offer to sell or otherwise


transfer a controlling interest in the corporate entity which owns its assets (a
Controlling Interest) or all or a portion of one or more of its facilities (Facilities)
(either or both, the Assets), it will promptly advise the USW in writing and grant
to the USW the right to organize a transaction to purchase the Assets (a
Transaction).

108
2. The Company will provide the USW with any information provided to other
bidders so that the Union may determine whether it wishes to pursue a
Transaction. All such information shall be subject to an executed Confidentiality
Agreement.

3. The Company shall promptly notify the USW of the schedule and/or timetable
for consideration by the Company of any possible transaction. The Company
will provide the USW with the greater of (a) forty-five (45) days or (b) the time
provided by the schedule and/or timetable given to other interested parties to
submit an offer for the Assets, except in the case of an unsolicited offer for a
controlling interest in the Company in which case the USW shall be provided
with the time provided by the schedule and/or timetable given to other
interested parties.

4. During the period described in Paragraph 3 above, the Company will not enter
into any contract regarding the Assets with another party.

5. In the event that the USW submits an offer pursuant to the above, the Company
shall not be under any obligation to accept such offer. However, the Company
may not enter into an agreement with regard to the Assets with an entity other
than the USW unless that Transaction is superior to the USW offer. The
Company may only deem a proposed Transaction superior if its Board of
Directors reasonably determines that such Transaction is more favorable to the
Company and/or its shareholders, taking into consideration such factors as
price, certainty of payment, conditions precedent to closing and other factors
which influence which of the transactions is in the best interests of the Company
and/or its shareholders.

6. This Section shall not cover any public offering of equity.

7. The rights granted to the USW in this Section may be transferred or assigned by
the USW; provided, however, that in the event of a Transaction:

a. that does not involve a Controlling Interest; and

b. where the Company decides to only pursue, for legitimate business


reasons, a Transaction which will result in a sale of less than 100% of the
Company’s interest in the Assets,

the USW’s transferee or assignee must be reasonably acceptable to the Company.

109
Section E. North American Growth

1. The Parties agree that the Company and all of its stakeholders would benefit
from the Company’s growth in the following areas: (i) continuing to acquire
steelmaking capacity; (ii) expanding its ownership of raw material (coke and iron
ore) producing assets; and (iii) adding “value-added” downstream capacity.

2. While individual transactions must meet the criteria and where appropriate the
approval of the Company’s Board of Directors, the Company agrees to
aggressively pursue opportunities in all of the three areas described above,
subject to the reasonable and timely approval of the Union, such approval not to
be unreasonably withheld. Opportunit ies may arise between the quarterly
meetings provided for below, and therefore the Company will provide the Union
with as much notice as is commercially practicable in the circumstances, in order
for the Union to exercise its responsibilities under this section.

3. In order to facilitate such growth the parties agree to constitute a Strategic


Committee consisting of, from the Company: the Chairman and two individuals
designated by the Chairman which may include the senior official responsible for
operations in the United States; and for the Union: the Union’s International
President and two (2) individuals designated by the Union’s International
President.

4. The Committee will meet quarterly. It shall review opportunities for growth in
the areas described above and shall make recommendations to the ArcelorMittal
Group Management Board regarding particular opportunities and general
approaches. This Section applies to po tential growth in North America by the
Company or its North American entities which are under the common control of
the Parent (publicly traded entity).

110
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in
their respective names of their respective representatives thereunto duly authorized.

ARCELORMITTAL USA UNITED STEELWORKERS

_________________________________ ___________________________________
Michael Rippey Leo W. Gerard
President and CEO International President

_________________________________ ___________________________________
James Michaud James D. English
Vice President, Human Resources Secretary-Treasurer

_________________________________ ___________________________________
Dennis Arouca Thomas Conway
Vice President, Labor Relations Vice President (Administration)

_________________________________ ___________________________________
William Boehler Fred Redmond
Director, Labor Relations Vice President (Human Affairs)

_________________________________ ___________________________________
Patrick Parker David McCall
Manager, Labor Relations District 1 Director and
Chairman of the Negotiating Committee

_________________________________ __________________________________
John Perham Jim Robinson
Manager, Labor Economics and District 7 Director and
Productivity Programs Secretary of the Negotiating Committee

_________________________________ _________________________________
Christine Fleps Pat Gallagher
Director, Pensions Subdistrict Director – District 1

111
ARCELORMITTAL USA UNITED STEELWORKERS

_________________________________ _________________________________
Mary Hendrickson Mike Millsap
Manager, Employee Benefits Subdistrict Director – District 7

_________________________________ ___________________________________
Neil Kohlberg Gary Steinbeck
Director, Strategic Planning & Subdistrict Director – District 1
Analysis

_________________________________ __________________________________
Madhu Ranade Mark Granakis
Plant Manager, Burns Harbor President, Local Union 979

____________________________________ ________________________________
Jim Bellamy Tom Hargrove
Manager-LR Burns Harbor President, Local Union 1010

_________________________________ __________________________________
Terry Fedor Loren Hansen
Plant Manager, Cleveland President, Local Union 1011

_________________________________ ___________________________________
Janet Jordan - Cleveland Bill Sharp
President, Local Union 1165

_________________________________ __________________________________
Sean Hussey - Cleveland William Prejsnar
Unit Chair, Local Union 1375-07

_________________________________ __________________________________
Mark Whalen Greg Bowers
Plant Manager, Indiana Harbor President, Local Union 1688

112
ARCELORMITTAL USA UNITED STEELWORKERS

________________________________ __________________________________
Ed Livorine Tony Fortunato
Division Manager, LR/HR President, Local Union 2604
Indiana Harbor

_______________________________ __________________________________
Jim Wozniak Mark Glyptis
Senior Manager, LR Western Div. President, Local Union 2911

_______________________________ _________________________________
Bob Cayia Ray Pierce
Manager, LR-Indiana Harbor President Local Union 6115

_______________________________ _________________________________
Sally Buckner-Indiana Harbor Paul Gipson
President, Local Union 6787

_______________________________ _________________________________
Tim Kinach -Indiana Harbor Dave York
President, Local Union 7367

_______________________________ __________________________________
Nick Pappas-Indiana Harbor James Sanderson
President, Local Union 7898

_______________________________ ___________________________________
Roger Hughes-Indiana Harbor Gary Bender
President, Local Union 9481

_______________________________ _________________________________
Mark Langbehn - Indiana Harbor Art Faddis
President, Local Union 9462

113
ARCELORMITTAL USA UNITED STEELWORKERS

_______________________________ __________________________________
Al Fuller - Coatesville Ron Bloom
Special Assistant to the President

_______________________________ _________________________________
Joanne Babaian - Conshohocken Emily Newport
Technician, Pension and Benefits Dept.

_______________________________ _________________________________
Pat Dzurik - Georgetown Chad Apaliski
Technician, Corporate Research Dept.

_________________________________ _________________________________
Lynn Wagner - Hennepin Sara Mansell, Esq.
Technician, Pension and Benefits Dept.

_________________________________ ________________________________
Larry Sampsell - Lackawanna Tony Montana
Technician, Communications Dept.

_________________________________ _________________________________
Jonathan Holmes, Operations Manager Jacquelyn Smith
Minorca Mines Executive Assistant, District 1

__________________________________ __________________________________
Gerry Golobich, Manager-HR/LR Sherman Crowder
Minorca Mines Contract Coordinator

_______________________________ ________________________________
Gary Norgren Mike Mormile
Plant Manager, Riverdale Contract Coordinator

114
ARCELORMITTAL USA UNITED STEELWORKERS

_______________________________ ________________________________
Joe Petravage - Steelton Bob Rankin
Contract Coordinator

_______________________________ _______________________________
Bob Korbel - Weirton Steve Wagner
Contract Coordinator

_______________________________
Luis Agular
Contract Coordinator

USW Negotiating Committee


William Pienta, Director District 4
Ernest R. Thompson, Director District 8
Stan Johnson, Director District 9
John DeFazio, Director District 10
Robert Bratulich, Director District 11
Mark Shaw, Key Staff, District 1
Santo Santoro, Key Staff, District 1
Dennis Brubaker, Staff Representative, District 1
Russ Sheffler, Local Union 979
Len Sauro, Staff Representative, District 4
Rick Bucher, Staff Representative, District 7
Bill Carey, Staff Representative, District 7
Debbie Hayes-Cook, Staff Representative, District 9
Lewis Dopson, Staff Representative, District, 10
John Rebrovich, Sub-District Director, District 11

115
APPENDIX A – WAGES

Labor Grade Job(s)


1 Utilityperson

2 Service Technician
Plant Transportation Specialist

3 Operating Technician

4 Maintenance Technician – Mechanical


Maintenance Technician – Electrical

5 Senior Operating Technician

Base Rates of Pay

Labor Grade 09-01-08 09-01-09 09-01-10 09-01-11

1 $17.39 $18.09 $18.81 $19.56


2 $19.03 $19.79 $20.58 $21.41
3 $20.94 $21.78 $22.65 $23.55
4 $22.03 $22.91 $23.83 $24.78
5 $23.40 $24.34 $25.31 $26.32

Red Circle Rates that were established under the predecessor BLA will be
maintained during the Term of this BLA.

116
APPENDIX B
Letters Concerning Miscellaneous Matters

117
September 1, 2008

David McCall
Director, District 1
United Steelworkers
777 Dearborn Park Lane -- J
Columbus, Ohio 43085
Re: Strengthening the Partnership

Dear Mr. McCall:

The parties recognize that the Partnership is implemented by many managers, union
representatives, and employees from the shop floor to the executive office. Each person
is responsible for contributing to the success of the Partnership, and is accountable to
their colleagues. Based on experience, the following guidelines will promote the
effective implementation of the Partnership Section of the Basic Labor Agreement.

1. The parties recognize that:

a. The Union and Management both serve valuable and necessary roles
required for the sustainability of the Company;

b. Active ongoing communication is necessary for the Partnership to


succeed;

c. Having the Union as a stakeholder is a benefit to the sustainability of


the Company;

d. Acting with integrity and responsibility in performing one’s job and


keeping commitments is essential to the success of this Partnership;

e. Consistent performance of the above will create trust important for


success

f. Partnership is a long term process, with many phases during which


many obstacles will occur, that will require the focus of both the
Union and Management to succeed and which will lead to continuous
improvement in the Partnership, in employment security and in the
reliability and sustainability of the Company.

g. Management must:

118
i. Acknowledge that a strong partnership requires sharing of
some authority on the shop floor and recognize the Union
serves a legitimate and valued purpose;

ii. allow the Union to be part of the solution:;

iii. communicate issues that impact the workplace before they


occur or decisions are made and in greater depth than in the
past;

iv. consider the institutional needs of the Union;

v. accept a stronger, more responsible Union as a stakeholder.

h. The Union must:

i. Recognize Management serves a valuable and essential role;

ii. fully support continuous improvement in costs, quality,


reliability and customer satisfaction;

iii. respond and take the lead when Management has proven they
are sincere;

iv. encourage and support joint efforts;

v. recognize that Partnership is not in conflict with collective


bargaining;

vi. accept the responsibility that goes with being a stakeholder in


the enterprise.

i. together both Management and the Union must:

i. Let go of past issues ;

ii. Focus on solutions to problems

iii. commit to developing and maintaining a long term


Partnership;

iv. Agree to disagree at times but never hold the relationship or


the Partnership hostage to resolving other issues;

2. Plant Labor Management Committee

119
a. The Co-Chairs of each Plant Labor Management Committee will appoint
one individual to serve as its facilitator including agenda preparation and
follow-up in consultation with the Local Union President.

b. The composition of each Plant Labor Management Committee will be


submitted by the facilitator of each Plant to the Negotiation Co-Chairs
within 30 days of the ratification of the Basic Labor Agreement and
within 30 days following any change to the composition of each Plant
Labor Management Committee;

c. Each member of the Plant Labor Management Committee will be


expected to participate in the development of possible capital
expenditure proposals at each facility in a timely manner;

d. The facilitator at each location in consultation with the Local Union


President and Training Committee is responsible to ensure that all
members of the Plant Labor Management Committee and the Area Labor
Management Committee(s) at each location, the Grievance Committee,
Supervisors and Managers of Employees and all Senior Operating
Technicians will be trained in joint Partnership and problem solving
techniques – with the goal of training, no less than 25% of this group per
year per location. Newly assign ed members to the Plant Labor
Management Committee and Area Labor Management Committee will
be trained within thirty (30) days of their assignment;

e. The facilitator at each location in consultation with the Local Union


President and Training Committee is responsible to ensure that all newly
hired employees will be trained in the Partnership as part of their
orientation;

f. The facilitator at each location in consultation with the Local Union


President are responsible for coordinating the submission of a Problem
Solving Team from each Area Labor Management Team to the Plant
Labor Management Committee for recognition each year and for
submitting a Problem Solving Team to the Strategic Labor Management
Committee each year for recognition;

g. The Co-Chairs of each Plant Labor Management Committee will submit a


yearly report to the Strategic Labor Management Committee describing
the effectiveness of the Partnership at their location including the
behavioral guidelines described above and any barriers standing in the
way of strengthening the Partnership.

120
h. The Plant Labor Management Committee at each location will be
responsible for auditing the effectiveness of each Area Labor
Management Committee;

i. Each Plant Labor Management Committee will recommend to the


Strategic Labor Management Committee a Problem Solving Team that
has worked jointly and effectively in resolving a problem in their
respective Plant.

j. Each Plant Labor Management Committee and each Area Labor


Management Committees will set goals for their respective Partnership
activities each year.

3. Area Labor Management Committee

a. An Area Labor Management Committee composed of the Division


Manager and Grievance Committeeman for each department will be
established for each department;

b. The Area Labor Management Committee will review, on at least a


monthly basis, safety and health audits, ongoing production and
maintenance issues, the ongoing Partnership training efforts,
Partnership initiatives, and the efforts of on-going Problem Solving
Teams;

c. Each Area Labor Management Committee will recommend each year


for recognition a Problem Solving Team that has worked jointly and
effectively in resolving problems in their respective areas;

4. Plant Wide Meeting

a. In each calendar year the parties will hold a Plant Wide Meeting.
Invited to the Plant Wide Meeting will be the Strategic Labor
Management Committee, the Plant Labor Management Committee and
each of the Area Labor Management Committees;

b. Each of the Area Labor Management Committees will be required to


report out and to review the progress toward achieving the Intent and
Purpose of the Partnership involving the objectives listed in the Basic
Labor Agreement and the goals that had been established for that
previous year;

c. Partnership goals for the coming year will be agreed to by the Co-
Chairs of the Plant Labor Management Committee and clearly
communicated to all employees at the location;

121
d. And at the Plant Wide Meeting a Problem Solving Team will be
selected for special recognition.

5. Company – Wide Meeting

a. At the Company – Wide Meeting a Problem Solving Team will be


selected for special recognition.

Sincerely,

Dennis Arouca, Vice President Labor


Relations
ArcelorMittal USA

Confirmed:

________________
David McCall, Director
USW – District 1

122
September 1, 2008

David McCall
District 1 Director
United Steelworkers
777 Dearborn Park Lane - J
Columbus, OH 43085

RE: Ongoing Training

Dear Mr. McCall:

1. The parties agree that the right to adequate training is fundamental to


achieving the safe and successful implementation of the Agreement.

2. The parties recognize that certain jobs may require skills which some
Employees may not possess. In light of this situation, the Company
agrees to provide Employees who do not have the required skills for their
jobs with reasonable ongoing training and skill enhancement
opportunities to ensure competent job performance.

3. In the event that, despite the efforts described in Paragraph 2 above, the
Employee is not capable of acquiring the needed job skills, then the
Company shall be relieved of its obligation to provide further training and
the Employee may bid on a vacancy for which s/he is qualified.

4. The training programs necessary to carry out the provisions of this letter
of understanding will be conducted during the Employee’s normal
working hours.

5 No Employee will be disciplined for poor job performance that results


from a failure of the Company to provide training pursuant to this letter
of understanding or for failure to acquire needed skills for a particular job.

6. The parties agreed that in order to maintain competent job performance,


continuing familiarization and rotation within various assignments
related to job descriptions is both required and necessary. It is the parties’
understanding that Employees will be trained in all required job functions
within a Job Description in order to maintain proficiency. The parties at
each plant will develop a Plan in accordance with Article Seven Section A
in order to achieve the expectations of this understanding consistent with
maintaining safety, productivity, quality and avoidance of unreasonable
overtime.

123
Sincerely,

Dennis Arouca
Vice President Labor Relations
ArcelorMittal USA

Confirmed:

____________________
David McCall, Director
USW District 1

124
September 1, 2008

David McCall
Director, District 1
United Steelworkers
777 Dearborn Park Lane, - J
Columbus, OH 43085
Re: Craft Training
Dear Mr. McCall;

This will confirm the understanding reached in conjunction with the negotiations
of the Basic Labor Agreement dated September 1, 2008 regarding Article Seven Section
A. The Parties recognize that additional e fforts are needed to address the increasing
need to both develop the skills of current as well as to provide for additional qualified
MTMs and MTEs. In order to meet thes e challenges, the Parties commit to the
following:

1. At each site covered by the Agreement, the Training Committee will develop
a Plan to address craft needs using the process contained in Article Seven
Section A. The parties commit to the development of these Plans by
December 1, 2008.

2. Should the parties be unable to reach agreement on a Plan, Separate


Statements, in accordance with Article Seven Section A, shall be prepared and
sent to the Chairs of the Negotiating Committee or their designee by January
15, 2009.

3. In order to insure an effective craft workforce the parties agree that when
filling craft vacancies the following should be part of each Plan:

a. In conjunction with the ICD/LJC, each Training Committee will develop a forty (40)
hour Introduction to Craft Training for any Employee who desires to pursue such
training.

b. The Plan will provide for non craft Employees who attained a raw score of 84 or
above on the MTM Ramsey test or a raw score of 73 or above on the MTE Ramsey
test and are successful bidders (in accordance with Article Five Section E.) to a MTM
or MTE vacancy to immediately and prior to filling the vacancy enter a Training
Program that provides a minimum of 400 hours for MTM and 520 hours for MTE of
classroom training in MTM or MTE basic craft skills.

1). In addition to the curriculum for classroom training the Plan


will include on the job training that supports the classroom

125
training. On the job training hours will at a minimum be
equal to the number of classroom hours. Classroom and on the
job training hours will not exceed a time period of one (1)
year.

2). The craft skill training will provide initial safety training and
orientation to all newly qualified Employees filling a vacancy
and such safety training will not be counted towards the basic
skill training.

3). The Plan will contain a remedial Training Program for non
craft Employees who did not attain a qualification level, but
did achieve a raw score of a minimum of 55 on the Ramsey
test. The remedial Training Program will provide
opportunities to achieve the knowledge needed to attain
qualification level on the Ramsay test. This Training Program
will involve classroom training to be developed in conjunction
with and provided by the local ICD Program. Following
remedial training, an Employee will be allowed to retest.

c. The Plan will also contain a Trainee Program to address long term craft Needs. The
Plan will provide for annual postings for Trainees (such postings to be filled in
accordance with Article Five Section E.) by those Employees described below. The
parties will develop a Trainee Program which will be up to a two (2) year program
consisting of eight (8) training semesters with approximately one thousand (1,000)
hour of classroom or equivalent training; with the remaining training to be
completed as “on the job training”. Employees will be required to pass an entry test
(a minimum raw score of 55 on the Ramsay test shall be used initially and the parties
agree to develop an alternative assessment instrument) and must maintain a passing
status per semester. The Training Program will also include a “hands on” test.
Failure to maintain a passing status will require the Employee to be returned to the
entry level job in Seniority Unit from which the Employee bid prior to accepting the
Trainee Program vacancy.

126
d. The Plan will include provisions to allow for new hires to be placed in MTM or MTE
vacancies when vacancies for the positions have not been filled by qualified
Employees using the processes described in b. and c above. Criteria for a new hire
will include training and testing as described in b. above and will also include
“hands on” testing. The parties will cont inue their cooperative effort to refine
elements of the Steelworker for the Future Work Study New Hire Craft Certification
efforts as part of this new hire effort, deployment of which will be in accordance
with the Basic Labor Agreement including paying Utility Technician Labor Grade 1
for hours worked under the program.

e. The Plan will provide for current MTM/MTE Employees to upgrade their skills.
Employees will be evaluated and provided training on at least an annual basis to
improve their individual skills.

4. Training Plans shall also include (a) provisions to insure that sufficient
trainers and training facilities are available to meet the training deadlines of
the Plan; (b) the development of mutually acceptable selection and
development of trainers.

5. Standardization of Basic Principles:

a. Training facilities, trainers, materials and testing/training equipment are common


assets among the plants and should be utilized by all plants to deliver, assist,
supplement and enhance training initiatives.

b. The Plan shall include mechanisms to insure that the training is accomplished in a
timely fashion. The Plan will also include the training schedule and curriculum.

c. During the Training Program, an Employee described in 3b. and 3d. above, shall be
paid Labor Grade 4 and the Plant Maintenance average incentive. A Trainee
described in 3c. above shall received Labor Grade 3 and the Plant average incentive
for all hours paid for the first year of the Training Program and shall receive Labor
Grade 4 and the Plant Maintenance average incentive for all hours paid the second
year of the Training Program. In the ca se of all other Training Programs the
Employee shall receive their Regular Rate of Pay.

d. The Parties may agree to use other mutually agreed to entry level tests
other than the Ramsey test.

6. The development of training and the associated implementation Plans are not
exclusive to a specific plant or facility; standards for training development
and the associated implementation plans will maximize the use of the
following:

127
a. Asset utilization including facilities, equipment, trainers, trainees, and
classroom enrollment.

b. The sharing of best practices

c. The use of innovative training technology (e.g. on-line web based


programs, DVD’s etc.)

Sincerely,

Dennis Arouca, Vice President, Labor


Relations
Confirmed:
_________________________
David McCall
Director, District 1

128
129
130
131
Confirmed:
___________________
David McCall
Director, District 1

132
September 1, 2008

David McCall, Director


USW District 1
United Steelworkers
777 Dearborn Park Lane – J
Columbus, OH 43085

Dear Mr. McCall:

During discussions leading to the 2008 BLA, the Union presented the Company with a
list of various crane assignments for the parties to discuss and determine which such
assignments, if any, are highly skilled and which are integral to the operating units.
This letter will confirm our understanding reached on those cranes assignments which
are currently being paid at Labor Grade 2 and upon the Effective Date will be increased
to Labor Grade 3. The parties agreed that the below list of cranes are to be considered
highly skilled assignments which are integral to the operating units.

1. Burns Harbor – 501 Hot Rolling Slab Yard


2. Cleveland – South Hot Rolling Slab Yard, RS 22 Finishing Pickle/Tandem
3. Hennepin – 300 Finishing Pickler,
4. Indiana Harbor West – 3 Hot Rolling Slab Yard, 2 East Finishing Pickler
5. Indiana Harbor East – 22 Hot Rolling Slab Yard, 27 Finishing Pickler.
6. Conshohocken – 113 Hot Roll Slab Yard.

It is further agreed that, in light of the changes to the Operating Technician job
description contained in this Agreement should disputes involving other crane Labor
Grade issues arise during the term of this Agreement, the above cranes maybe used as
benchmarks pursuant to Article Five Section B. of the BLA.
Sincerely,

Dennis Arouca, Vice President, Labor


Relations

Confirmed:

_________________________
David McCall
Director, District 1

133
September 1, 2008

David McCall
Director, District 1
United Steelworkers
777 Dearborn Park Lane – J
Columbus, OH 43085

Dear Mr. McCall:

This will confirm the understandings reached in conjunction with the


negotiations of the Basic Labor Agreement (BLA) dated September 1, 2008. Except as
specifically addressed in this Appendix, all terms and conditions of employment set
forth in the BLA between ArcelorMittal USA (ArcelorMittal or Company) and the
United Steelworkers (USW) shall apply to the Employees of the various Company
owned railroads associated with the Plants covered by this Agreement (Railroads) who
work within the crafts and classes as certified by the National Mediation Board.

1. Term of the Agreement: Solely as it relates to the Employees of the


Railroads, the ArcelorMittal/USW BLA shall become amendable upon the
Termination Date of the ArcelorMittal/USW BLA (“Moratorium Date”),
subject to the following:

a. Any and all changes to the ArcelorMittal/USW BLA shall be


implemented with respect to the Employees of the Railroads, except as
limited herein or except as the Parties may otherwise agree.

b. Any change in the Termination Date of the ArcelorMittal/USW BLA


shall change the Moratorium Date to that same date.

2. Union Security: Article Two, Section B, Lines 3-6 of the


ArcelorMittal/USW BLA shall be modified to provide that it shall be a
condition of continued employment that all Employees of the Railroads
shall become members of the USW on the 60th day following the Effective
Date of the ArcelorMittal/USW BLA.

3. Railroad Retirement Act Issues: The Railroads shall take all acts and make
all contributions required by the Railroad Retirement Act and that the
rights of Railroad Employees shall be preserved to the fullest extent
allowed by such act. It is understood that, to the fullest extent possible,
Railroad Employees shall receive credit for all former service and that the

134
Company shall make the same level of contributions to the retirement
system as formerly made.

4. Steelworker Pension Trust Contributions: The Company shall make


contributions to the Steelworkers Pension Trust (“SPT”) on behalf of
employees of the Railroads as set forth in the Pension Agreement of the
ArcelorMittal/USW BLA, with the exception that the Company will offset
all such contributions of the SPT by the amount the Company contributes
on behalf of such Employees to the railroad retirement system, as
described in Paragraph 3 above. The offset as described above (not
including the individual’s personal contributions) will ensure that the
total retirement benefit paid to the Employees of the Railroads is equal to
the total retirement benefit paid to the other represented Employees
covered by the ArcelorMittal/USW BLA.

5. Offset to Sickness and Accident Benefits: The Company will pay Sickness
and Accident Benefits to Employees of the Railroads in accordance with
the ArcelorMittal/USW Program of Insurance Benefits regarding Sickness
and Accident, with the exception that the Company will offset such
amounts by any amounts paid to such Employees for like benefits paid by
other sources.

6. Hours of Service: The number of hours wo rked by Employees of the


Railroads shall comply in all respects with the statutory requirements of
49 U.S.C. § 21101 et seq.

Sincerely,

Dennis Arouca
Vice President, Labor Relations

Confirmed:

___________________
David McCall
Director, District 1

135
136
September 1, 2008

Mr. David McCall


Director, District 1
United Steelworkers
777 Dearborn Park Lane - J
Columbus OH 43085

Dear Mr. McCall:

This letter will confirm our understandings, reached during the 2008 negotiations,
concerning the Property Protection employees at Indiana Harbor West.

Except as otherwise provided by this letter, all terms and conditions contained in the
Basic Labor Agreement (BLA) between ArcelorMittal USA (“Company”) and the
United Steelworkers (“Union”) shall be applicable to all Property Protection employees
except superintendents, captains, lieutenants, sergeants, and confidential clerks.

The Union agrees that Property Protection employees are expected to abide by the rules
of the Company as set forth in the Company’s published rules outlining the special and
unique duties and responsibilities of the Property Protection employees, as amended
from time to time.

The Union recognizes and agrees that the special responsibilities of Property Protection
employees referenced in paragraph 2, above, are of the greatest importance to the
Company, and that failure to fully and diligently carry out these special responsibilities
and duties, including giving entire obedience and loyalty to the Company, shall be
grounds for discipline or discharge, in the sole discretion of the Company; provided
that no discrimination will be exercised against any member of the Union because of
such membership. In any grievance or arbitration which relates to discipline or
discharged alleged to be based upon failure of an employee to fulfill his or her
responsibilities to the Company or to carry our his or her duties or to give entire
obedience and loyalty to the Company, the sole issue shall be whether there is sufficient
evidence to show that the employee in question was guilty of the offense charged.

Sincerely,
Dennis Arouca
Vice President Labor Relations
Confirmed: __________________
David McCall
Director, District 1

137
APPENDIX C
OFFICE AND CLERICAL

The parties agree that in addition to the rights established in Article Two, Section A
(Recognition and Coverage), all Office and Clerical jobs previously performed by USW
members shall continue to be performed by USW-represented Employees. To ensure
adherence to this Agreement, in each plant where an Office and Clerical bargaining unit
previously existed, a review shall be conducted in accordance with the following:

(a) Within ninety (90) days of the Effective Date, the parties at each
plant shall meet at mutually agreeable times to review all
non-represented jobs to determine whether such jobs should
properly be included in the bargaining unit. In making such
determination, the parties shall be guided by the practices under
the predecessor companies. Where jobs have been restructured, the
guiding principle shall be whether the job is more nearly like a job
that would have been included under the previous contract with
the previous employer.

(b) Such review shall be completed no less than 120 days after the
Effective Date.

(c) A representative of the International Union, the Local Union


President/Unit Chair or his/her designee and up to two (2) other
representatives of the Local Union may participate in such a
review. The Local Union representatives shall be afforded time off
as may be required to participate in such meetings.

(d) The Company shall provide the Union with a list of all non-
represented jobs, including the incumbents of such jobs, currently
excluded from the bargaining unit.

(e) The Company shall produce a description of the duties, the job
classification and the location of each excluded job.

(f) The review shall result in the determination of whether the jobs are
properly excluded from the bargaining unit. If the parties are
unable to reach agreement, the Union may file a grievance on such
issue directly in Step 2 of the grievance procedure for
determination. Should arbitrat ion be necessary to resolve a
dispute, the arbitrator shall decide the issue on the basis of the
standard set forth in the above provisions.

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(g) If it is determined that a job has been improperly excluded from the
bargaining unit under the procedures provided herein, such job
shall be placed in the bargaining unit.

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APPENDIX D

JOB DESCRIPTIONS

Position Title: Senior Operating Technician


Labor Grade 5

Operates and is responsible for the performance of all functions on a producing unit as
a member of the operating team. Direct s other operating crew members and service
areas, and communicates with maintenance, as required, to maximize production.
Performs and assists in production and maintenance tasks and functions necessary to
assure maximum production, quality, and inspection. Performs or leads maintenance
activities as required with operating crew members and coordinates and works in
conjunction with Maintenance Technicians.

Position Title: Maintenance Technician Mechanical


Labor Grade 4

Performs all mechanical functions necessary to maintain all operating and service
equipment using standard and specialized tools and equipment. Makes mechanical
repairs as required in connection with their mechanical service. Operates equipment in
conjunction with repairs and provides assistance in operating functions as necessary to
keep equipment running. May work alone, with minimal supervision and works with
other Maintenance Technicians, and coordinates and works in conjunction with
Operating Technicians and/or Service Technicians in the performance of mechanical
maintenance tasks.

Position Title: Maintenance Technician Electrical


Labor Grade 4

Performs all electrical functions necessary to maintain all operating and service
equipment using standard and specialized tools and equipment. Makes electrical
repairs as required in connection with their electrical service. Operates equipment in
conjunction with repairs and provides assistance in operating functions as necessary to
keep equipment running. May work alone, with minimal supervision and works with
other Maintenance Technicians, and coordinates and works in conjunction with
Operating Technicians and/or Service Technicians in the performance of electrical
maintenance tasks.

Position Title: Operating Technician


Labor Grade 3

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Operates and assists Senior Operating Technician and other crew members in tasks on
producing units necessary to assure maximum production, quality, inspection and
maintenance of material and equipment. Performs specialized functions, including
highly skilled crane operations which are integral to the operating unit. Performs and
assists in maintenance tasks as directed by Senior Operating Technicians and
Maintenance Technicians as required.

Position Title: Plant Transportation Specialist


Labor Grade 2

Operates various types of plant mobile equipment including trucks, heavy equipment,
dozers, front end loaders, boom trucks, mobile cranes, etc. If required, Class A CDL and
required endorsements in plants where necessary. Fuels, inspects and performs
preventative maintenance on all types of mobile equipment.

Position Title: Service Technician


Labor Grade 2

Performs all work which support operations of the various producing units. Operates
material handling equipment, overhead electric cranes and tractors (various sizes and
types) and directs the flow of material to be processed to and from producing units and
performs functions necessary to support operations. Works with materials and
equipment necessary to transport and process product and materials. Supports and
assists in maintenance activities in their area and in support of operating units.

Position Title: Utility Person


Labor Grade 1

Performs any type of general labor and light mobile equipment operation required to
maintain plant operations.

Office and Technical Job Descriptions


(Not applicable at Indiana Harbor – East)

Position Title: Technician


Labor Grade 3

Analyzes data and interacts with production group to schedule steel movement to
facilitate the flow of materials and processed steel. Interacts with and directs support
crew members, performs administrative duties, and communicates with maintenance,
as required to maximize production. Is responsible for ordering raw materials,
scheduling and facilitating repairs and interacting with outside vendors to ensure that a

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steady flow of required outside services to be accomplished in a correct and timely
manner. Operates and repairs computers, test equipment and light mobile equipment
as required to support and maintain plant operations. Interacts with outside processing
firms making adjustments in shipping and delivery schedules as required. Satisfies
customers needs by continually making the necessary adjustments to their orders
whether it is shipping changes, product adjustments, or whatever the customer needs in
order to maintain a good business relationship. Is responsible for the flow of
information throughout the plant and corporation. Analyzes accounting information
and relays it for use in the overall decision making process. May work alone with
minimal supervision or with maintenance or operating crews. Some areas may require
testing and/or certification in order to perform duties.

Position Title: Plant Technician


Labor Grade 2

Collects, analyzes, and applies data to facilitate the movement of steel through the
entire production process. In conjunct ion with the production department is
responsible for the sequence of events which the product must travel in order to reach
our customer in a correct and timely fashion. Is responsible for the repair and
maintenance of safety equipment both in a repair facility and throughout the plant.
Required to operate gauging equipment, analyzers, some light mobile equipment, test
equipment and computers. May work alone, with minimal supervision or with
maintenance and operating crew members. Some areas may require testing and/or
certification in order to perform duties.

Position Title: Administrative Technician


Labor Grade 1

Responsible for the administrative functions on a plant wide basis. Duties include the
distribution of mail, cost control and analysis, data gathering and posting, and general
clerical duties. Must be proficient in the use of various office equipment, including but
not limited to computers, typewriters, word processors, and duplicating equipment.
Some areas may require testing in order to perform the duties.

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